LEGAL PRINCIPLE: CIVIL PROCEDURE — Rules of Court — Non-Compliance — Effect of Procedural Irregularity
PRINCIPLE STATEMENT
Non-compliance with rules of court is prima facie an irregularity, not a ground for nullity, unless it amounts to a denial of natural justice. If no miscarriage of justice occurs, the proceedings are not vitiated.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Famfa Oil Limited v. A.G., Federation & Anor (2003) NLC-3052002(SC) at p. 18; Paras D–E.
"Any non-compliance with any Rules of Court is prima facie an irregularity and not a ground for nullity, unless such non-compliance amounts to a denial of natural justice. It is inconceivable that in the circumstances of this case, there has been a denial of fair hearing, or that any miscarriage of justice has resulted or occasioned to the respondent."
EXPLANATION / SCOPE
Procedural irregularities are not automatically nullities. Only denial of fair hearing vitiates proceedings. The principle applies to civil procedure. The rule promotes substance over form. The court will not nullify proceedings for technical breaches. The principle is well-established.