LEGAL PRINCIPLE: CIVIL PROCEDURE — Originating Processes — Proceedings Commenced by Wrong Procedure Are a Nullity
PRINCIPLE STATEMENT
By wrongly initiating a claim under the Fundamental Rights (Enforcement Procedure) Rules, the claim was not initiated by due process of law. The proceedings before the High Court were a nullity.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Grace Jack v. University of Agriculture Makurdi (2004) NLC-2622000(SC) at p. 14; Paras A–B.
"By wrongly initiating his claim under the Fundamental Rights (Enforcement Procedure) Rules supra, the plaintiff/appellant's claim was not initiated by due process of law as laid down in the rules. The proceedings before the High Court were a nullity."
EXPLANATION / SCOPE
Commencing proceedings under the wrong procedure renders the entire proceedings a nullity. Due process requires compliance with the rules for each type of claim. A nullity cannot be cured by subsequent steps or consent of parties. The principle applies to all originating processes. The court cannot acquire jurisdiction through a flawed process. The proper remedy is to commence afresh under the correct procedure.