ON ATTITUDE OF THE COURT TO TECHNICALITIES OVER RULES OF JUSTICE

Substantial justice should not be sacrificed on the altar of technicalities or procedural irregularities. When an appeal court finds that technicalities or irregularities have not occasioned a miscarriage of justice it will not set aside a judgment which is otherwise impeccable in other respects. (P190, para. D)Per AKPATA, J.S.C. at page 190, paras. C-D:”There is no doubt, I must say that the learned trial judge did not quite carry out satisfactorily, perhaps due to inadvertence, his responsibility to record not only evidence adduced before him but also procedural steps taken by the court which are designed to ensurefair hearing and dictated by rules of practice and procedure.

The Position however is that substantial justice should not be sacrificed on the altar of technicalities or procedural irregularities. Where an appeal court finds that technicalities or irregularities have not occasioned a miscarriage of justice it will not set aside a judgment which is otherwise impeccable in other respects.”

See: Ogba v state (1992) 2 NWLR (Pt. 222) 164Court: S.C.