MISTAKE TO CAUSE MISCARRIAGE OF JUSTICE

It is now settled law, that it is not every mistake in a judgment or decision that can warrant the reversal of a decision. To justify a reversal of a decision, the error complained of must be of such a nature to cause real miscarriage of justice. In the instant case, the fact that a breach was considered, even if erroneously, in appeal which does not concern the appellant, cannot be a basis for the appellant to complain.

– Musdapher JSC. Gbadamosi v. Dairo (2007)

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MISCARRIAGE OF JUSTICE IS FAILURE OF JUSTICE

Miscarriage of justice is a failure of justice. There is a miscarriage of justice where there are grave or serious errors in the proceedings as to make the proceedings fundamentally flawed. It means failure of the Court to do justice. See Enawakponmwhem Aigbobahi & Ors v. Edokpayi Aifuwa & Ors (2006) 6 NWLR (Pt.976) p.270; Amadi v. NNPC (2000) 10 NWLR (Pt.674) p.76;Kalu O. Irolo & Ors v. Ebe E. Uka & Anor (2002) 14 NWLR (Pt.786) p.195. Nnajiofor v. Ukonu (1986) 4 NWLR (Pt.36) p.505.

– Rhodes-Vivour, JSC. Nwankwoala v FRN (2018) – SC.783/2015

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FOR REVERSAL OF AN ERROR, A MISCARRIAGE OF JUSTICE MUST HAVE OCCURED

Again to be said is that it is not every error of law that is committed by a trial or appellate Court that justifies the reversal of a judgment. For a reversal to take place, the error must have occasioned a miscarriage of justice as it was material in the decision reached.

– M. Peter-Odili JSC. Adegbanke v. Ojelabi (2021)

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JUSTICE OF THE CASE IS DETERMINED BY THE FACTS OF THE CASE

Justice of a case cannot be determined in vacuo but in relation to the facts of the case. Justice so to say, which is not done within the facts of a case is not justifice properly so called but justice in inverted commas and therefore injustice.

— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008

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TRAVESTY OF JUSTICE

It is said that justice delayed is justice denied. The reverse is equally disturbing. Justice rushed is a travesty of justice and a threat to the fabric that binds civilized society together. As if the rushed justice was not bad enough, the panel presented to the Taraba House of Assembly an incomplete and edited report upon which the appellant was removed on the 4th October, 2012, the day following the submission of the report. At least, the respondents did not disclaim the incomplete and edited report.

– Ngwuta, J.S.C. Danladi v. Dangiri (2014)

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JUSTICE IS A THREE WAY TRAFFIC

And justice is not a one-way traffic. It is not justice for the appellant only. Justice is not even only a two-way traffic. It is really a three-way traffic – justice for the appellant accused of a heinous crime of murder; justice for the victim, the murdered man, the deceased, “whose blood is crying to heaven for vengeance” and finally justice for the society at large – the society whose social norms and values had been desecrated and broken by the criminal act complained of. It is certainly in the interest of justice that the truth of this case should be known and that if the appellant is properly tried and found guilty, that he should be punished. That justice which seeks only to protect the appellant will not be even handed justice. It will not even be justice tempered with mercy.

— Oputa, JSC. G. Josiah v. The State (1985) – SC.59/1984

ENDS OF JUSTICE SUPERCEDES MODE OF ACTION COMMENCEMENT

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MISTAKE TO CAUSE MISCARRIAGE OF JUSTICE

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MISCARRIAGE OF JUSTICE IS FAILURE OF JUSTICE

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FOR REVERSAL OF AN ERROR, A MISCARRIAGE OF JUSTICE MUST HAVE OCCURED

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JUSTICE OF THE CASE IS DETERMINED BY THE FACTS OF THE CASE

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TRAVESTY OF JUSTICE

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JUSTICE IS A THREE WAY TRAFFIC

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