LEGAL PRINCIPLE: APPELLATE PRACTICE — Misdirection — When Misdirection Will Lead to Allowance of Appeal
PRINCIPLE STATEMENT
It is not in all cases that a misdirection leads to allowing an appeal. A misdirection that does not lead to a miscarriage of justice is of no consequence. Where the judgment is right but the reasons are wrong, the appellate court does not interfere. It is only where the misdirection has led the court to a wrong conclusion that the appellate court will interfere.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Okotie-Eboh v. Manager & Ors (2004) NLC-1972003(SC) at pp. 19–20; Paras E–A.
"I accept it as a correct statement of the law that it is not in all cases that a misdirection leads to allowing of an appeal. A misdirection which does not lead to a miscarriage of justice is of no consequence. Where the judgment of the court is right but the reasons therefore are wrong the appellate court does not interfere. It is only where the misdirection has led the court to a wrong conclusion that the appellate court will interfere: Abaye v. Ofili (1986) 1 NWLR (Pt. 15) 134 at 179, Emmanuel Ayeni and others v. William Sowemimo (1982) 5 SC 60 at 73, Ojengbede v. Esan (2001) 18 NWLR (Pt. 746) 771 at 780–79, Agbaje v. Ajibola (2002) 2 NWLR (Pt. 750) 127 at 145, Ukejianya v. Uchendu (1950) 13 WACA 45."
EXPLANATION / SCOPE
Misdirection alone does not justify reversal; it must cause a miscarriage of justice. The principle applies to appellate practice. A correct decision with wrong reasons will be upheld. The rule promotes finality. The appellant must show that the misdirection affected the outcome. The principle is well-established.
