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What is more, in (2002) 14 NWLR (Pt 786) that the court will not allow the excuse of fair hearing to abuse the court or irritate the other party.Indeed, the court of justice has always been cognizant of the fact that it must sometimes not be slavish to procedure in as much as the procedure complained of has done no injury to any of the two limbs of natural justice or fair hearing, which are respectively .

But where is the precedent to follow to do such substantial justice now that the Supreme Court in the case under review has apparently promoted technicality above substantial justice?Many lawyers even want the anti-graft net extended not just to the bench but to the bar so that their image will be purged before the court of public opinion.One of the cases wherein the stakeholders in the legal profession, especially the Nigerian Bar Association (NBA) and the Legal Practitioners’ Disciplinary Committee (LPDC), have in recent years memorably showed that they are for the anti-graft war was (2016) 6 NWLR (Pt 1508) 393 LPDC.Firstly, the Supreme Court decision did not follow the doctrine of would be accorded its proper place in the case, the Supreme Court should have ordered a retrial by the LPDC, more so as that would have in no way occasioned double jeopardy.By the authority of a plethora of appellate decisions, including (2019) LPELR-46379(SC), some of the situations where an appellate court may order a retrial by a trial court or tribunal (usually by a different judge) are if it overrules a no-case submission of a defendant, where there had been a possible miscarriage of justice during the trial and where the trial done earlier was null and void.

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