CRIMINAL PROCEDURE ā Fair Hearing ā Trial in Language Accused Does Not Understand ā Accused Must Object at Trial
Principle Statement
An accused person who acquiesced to an irregular procedure that did not lead to a miscarriage of justice cannot complain on the procedure on appeal.
Ratio Decidendi (Source)
Per Musdapher, JSC, in Uwaekweghinya v. State (2005) NLC-123-55-2004(SC) at p. 6; Paras DāE.
"It is settled law, that an accused person who acquiesced to an irregular procedure that did not lead to a miscarriage of justice cannot complain on the procedure on an appeal."
Explanation / Scope
An accused who fails to object to an irregular procedure at trial cannot later complain on appeal unless miscarriage of justice resulted. Acquiescence waives the right to complain. The principle applies to criminal procedure and fair hearing. The rule encourages timely objections to enable correction at trial. Without demonstrated prejudice, the appeal court will not reverse.
