CIVIL PROCEDURE — Judicial Review — Non-compliance with Rules of Court — Effect on jurisdiction
Ratio Decidendi
Per Onnoghen, JSC, in CNB v. Amao & Ors (2010) NLC-123-168-2007(SC) at p. 8; Paras D–E:
"The above defects, where they exist in any proceedings, must be brought to the attention of the court in question, in the instant case, the trial court so as to enable the court exercise its discretion under the said Rule of either treating the failure to comply with the requirements of the Rules as an irregularity or not. It does not mean that once there exists non-compliance with the Rules of the court the proceedings or any document, judgment or order made therein is a nullity."
Explanation / Scope
This principle establishes that non-compliance with rules of court does not automatically render proceedings a nullity. The defect must be brought to the court’s attention for it to exercise discretion. The principle applies where procedural defects are alleged. It ensures that the court can consider whether to treat the defect as an irregularity. The principle reflects the flexible approach to procedural rules. It prevents automatic nullification. The court must exercise discretion. The principle provides guidance on the effect of non-compliance.