CONSTITUTIONAL LAW ā 1979 Constitution ā Section 33(3) ā Breach of Mandatory Provision
Principle Statement
A breach of a mandatory constitutional provision is more than a mere technicality; it is fundamental. It is no argument that there has been no miscarriage of justice where such a breach has occurred.
Ratio Decidendi (Source)
Per Tobi, JSC, in Edibo v. State (2007) NLC-123-284-2003(SC) at pp. 16ā17; Paras DāA.
"A breach of a mandatory constitutional provision is more than a mere technicality; it is fundamental. And it is no argument that there has been no miscarriage of justice."
Explanation / Scope
Constitutional provisions, particularly those guaranteeing fundamental rights, are not mere procedural formalities. They are binding and mandatory. Where a constitutional provision is breached, the violation is inherently fundamental and cannot be dismissed as a technicality. The court cannot speculate that the breach did not affect the outcome or that no miscarriage of justice occurred. The breach itself constitutes a miscarriage of justice because it denies the individual the protection constitutionally guaranteed. This principle ensures that constitutional rights are taken seriously and strictly enforced.
