Saheed Afeez Ayinde
In this case, the learned superman had cautioned the learned counsel in breach from canvassing the court. Hence, putting words in the mouth of the court in determining whether there is Breach of the Fundamentals that guide the court process to warrant miscarriage of justice or Not.
As noted in the case below;
EDIBO V. STATE citation: LOR 11:5:2007 SC.284/2003
per NIKI TOBI, J.S.C:
With respect, learned counsel is not correct If there is a breach of fundamental right, it does not lie in the mouth of the party in breach to canvass that there was no miscarriage of justice arising from the breach.
“The breach of the fundamental right being fundamental overrides and overtakes the common law principle of “no miscarriage of justice”. This is because by the breach, the doctrine of technicality is gone as the adherence to technicality is receptive of the concept of miscarriage of justice.”
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