IRREGULARITY MUST BE SUBSTANTIAL TO WARRANT PROCEEDING NULL

Gabriel Madukolu and Ors v. Johnson Nkemdilim (1962) 1 All NLR 587 at 596, Bairamian F.J., said: “If the court is competent, the proceedings are not a nullity; but they may be attacked on the ground of irregularity in the conduct of the trial; the argument will be that the irregularity was so grave as to affect the fairness of the trial and the soundness of the adjudication. It may turn out that the party complaining was to blame, or had acquiesced in the irregularity… A defect in procedure is not always fatal …”