LEGAL PRINCIPLE: CIVIL PROCEDURE — Service of Process — Non-Compliance with Rules of Court as an Irregularity Not a Nullity
PRINCIPLE STATEMENT
Rules of court must prima facie be obeyed. However, not every irregularity or non-compliance with rules of court will nullify entire proceedings. Non-compliance generally does not render proceedings void.
RATIO DECIDENDI (SOURCE)
Per Ogbuagu, JSC, in Duke v. Akpabuyo Local Govt (2005) NLC-1282001(SC) at p. 13; Paras B–D.
"I concede and this is settled, that rules of court, must prima facie be obeyed and complied with. See Bango v. Chado (1998) 9 NWLR (Pt.564) 139; The Hon. Justice Kalu Anyah v. African Newspapers of (Nig.) Ltd. (1992) 7 SCNJ (PU) 47; (1992) 6 NWLR (Pt. 247) 319 and Ajayi & anor. v. Omorogbe (1993) 7 SCNJ (Pt.168); (1993) 6 NWLR (Pt. 301) 512 just to mention but a few. But it is also settled that it is not every irregularity or non-compliance with the rules of court, that will nullify an entire proceedings. See Chief Eboh & ors. v. Akpatu (1968) 1 ANLR 220 and Chief Kalu v. Chief Odili & ors. (1992) 5 NWLR (Pt.240) 130 at 143. In other words, non-compliance with any rules of court, or with any rules of practice for the time being in force, does not generally, render the proceedings void. See Ezera v. Ndukwe (1961) 1 ANLR 564."
EXPLANATION / SCOPE
Not every non-compliance with rules nullifies proceedings. Non-compliance generally does not render proceedings void. The principle applies to civil procedure.