UPON ALLEGING THE COURT OF MISCARRIAGE OF JUSTICE
Saheed Afeez Ayinde
The court has been made the last resort of hope for the common man not only because of the ability to pronounce punishment but for the dishing out of unparalleled Justice.
Thence, the court of law can be fictitiously said to wore the robe of white garment in justice form and alleging the same court of miscarriage of justice will be likened to spotting stain in her white garment whose the burden of ascertaining the particular of the stain is on the party that spot it.
In essence, alleging the court of law of miscarriage of Justice is not a mere statement of joke to be said and get away with but must be proved by the same party that alleges the court. This position has been lined in the case below.
Gbadamosi V. Dairo (2007) 3 NWLR (Pt.1021) 282 at 306 SC,
wherein per Tobi, JSC, very aptly observed as follows –
Miscarriage of justice connotes [a] decision or outcome of legal proceeding that prejudicial or inconsistent with the substantial rights of the Party.
[It] means a reasonable probability of more favourable outcome of the case for the party alleging it. The burden of proof is on the Party alleging that the justice has been miscarried.