WRONG PROCEDURE ROBS THE COURT OF JURISDICTION

In essence therefore, initiating an action on a wrong procedure robs the court of its jurisdiction to adjudicate over such matter. The issue of jurisdiction of a court to adjudicate over a matter before it is a threshold issue that goes to the root or foundation of adjudication. This stems from the trite position of the law, that once it is discovered that a court has no jurisdiction to adjudicate over a matter, any decision/proceedings emanating from such a court regarding that matter, no matter how well rendered or conducted, is a nullity.

– Bage JCA. Ayetobi v. Taiwo (2014)

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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 …”

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PROCEDURE FOR FILING A CLAIM MUST BE FOLLOWED

Where such statutory or constitutional provision is made for the filing of a claim, the procedure so laid down ought to be followed in making the claim and no other one. See Gbadamosi Lahan v. Attorney-General of Western Nigeria (1963) 2 SCNLR 47; (1963) 1 All NLR 226.

— Iguh JSC. Onuoha v State (1998) – SC. 24/1996

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PROCEDURAL IRREGULARITY

It is not every procedural irregularity which affects the validity of proceedings. – Uwaifo JSC. Ekpanya v. Akpan (1988)

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MUST USE OF A PARTICULAR COMMENCEMENT PROCEDURE

This is an out-flow of the elementary principle of law that where a specific procedure is provided for commencing an action, a party seeking to use the procedure must bring his case within those covered by that procedure otherwise his action will be incompetent.

– Abiru, JCA. Okoli v. Gaya (2014)

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APPROPRIATE TIME TO RAISE AN OBJECTION AS TO PROCEDURAL IRREGULARITY

It has since been established by a plethora of authorities that the appropriate time at which a party to proceedings should raise an objection based on procedural irregularity is at the commencement of the proceedings or at the time when the irregularity arises. If the party sleeps on that right and allows the proceedings to continue on the irregularity to finality, then the party cannot be heard to complain, at the concluding stage of the proceedings or on appeal thereafter that there was a procedural irregularity which vitiated the proceedings- See C.F.A.O. v. The Onitsha Industries Ltd. 11 N.L.R. 102 at p.103; Johnson v. Aderemi & Ors. 13 W.A.C.A. 297; Adebayo & Ors. v. Chief Shonowo & Ors. (1969) 1 All N.L.R. 176 at p.190; Ashiru Noibi v. Fikolati & Anor. (1987) 1 N.W.L.R. (Part 52) 619 at p. 632 and Ezomo v. Oyakhire (1985) 1 N.W.L.R. (Part 2) 195 at pp.202-203. The only exception to this general rule is that the party would be allowed to complain on appeal if it can show that it had suffered a miscarriage of justice by reason of the procedural irregularity.

— Uwais, JSC. Saude v. Abdullahi (1989) – SC.197/1987

ACQUIESCENCE TO IRREGULARITY

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WRONG PROCEDURE ROBS THE COURT OF JURISDICTION

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IRREGULARITY MUST BE SUBSTANTIAL TO WARRANT PROCEEDING NULL

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PROCEDURE FOR FILING A CLAIM MUST BE FOLLOWED

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PROCEDURAL IRREGULARITY

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MUST USE OF A PARTICULAR COMMENCEMENT PROCEDURE

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APPROPRIATE TIME TO RAISE AN OBJECTION AS TO PROCEDURAL IRREGULARITY

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