LEGAL PRINCIPLE: CIVIL PROCEDURE — Rules of Court — Breach of a Rule of Practice Renders Proceeding an Irregularity Not a Nullity
PRINCIPLE STATEMENT
It is now firmly settled that a breach of a rule of practice can only render a proceeding an irregularity and not a nullity.
RATIO DECIDENDI (SOURCE)
Per Ogbuagu, JSC, in Duke v. Akpabuyo Local Govt (2005) NLC-1282001(SC) at p. 12; Paras E–A.
"It is now firmly settled, that a breach of a rule of practice, can only render a proceeding an irregularity and not a nullity. See Alhaji Saude v. Alhaji Abdullahi (1989) 4 NWLR (Pt.116) 387; (1989) 7 SCNJ 216; (1989) 2 SC 216."
EXPLANATION / SCOPE
Breach of a rule of practice is an irregularity, not a nullity. The principle applies to civil procedure.