LEGAL PRINCIPLE: JUDICIAL TERMINOLOGY — Miscarriage of Justice — Meaning and Effect
PRINCIPLE STATEMENT
"Miscarriage of justice" simply means a failure of justice. What constitutes miscarriage of justice varies from case to case. It does not require a finding that a different result necessarily would have been reached. It is enough if what has happened is not justice according to law.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Ojo & Ors v. Anibire & Ors (2004) NLC-312000(SC) at pp. 6–7; Paras E–A.
"'Miscarriage of justice' simply means a failure of justice. What will constitute miscarriage of justice varies from case to case depending on the facts and circumstances. But to reach the conclusion that such a miscarriage occurred, it does not require a finding that a different result necessarily would have been reached in the proceedings to be affected by the miscarriage. It is enough if what has happened is not justice according to law."
EXPLANATION / SCOPE
Miscarriage of justice means failure of justice. The principle applies to all judicial proceedings. It does not require a showing that a different result would have been reached. The rule focuses on the process, not the outcome. A process that is not justice according to law constitutes a miscarriage. The principle is well-established.
