CIVIL PROCEDURE — Statute Prescribing Procedure — Mandatory Compliance — No Alternative Method Permitted
Ratio Decidendi
Per Ogbuagu, JSC, in Nwankwo & Ors v. Yar'Adua & Ors (2010) NLC-2792007(SC) at p. 23; Paras A–B:
"Where a statute lays down a procedure for doing a thing, there should be no other method of doing it."
Explanation / Scope
This principle establishes that where a statute prescribes a procedure, it must be followed; no alternative method is permitted. The principle applies where statutory procedures are in issue. It ensures compliance with statutory requirements. The principle reflects that statutory procedures are mandatory. It prevents parties from deviating from prescribed methods. The court must enforce the statutory procedure. The principle provides guidance on mandatory compliance.