“Order 8 Rule 2(1) of the Rules of this Court which provides among others that all appeals shall be by way of rehearing and the provisions of Section 22 of the Supreme court Act, 1960, which provide among others that this court shall have jurisdiction over the whole proceedings before it as if the proceedings had been instituted and prosecuted in the Supreme court as a court of first instance, to see if that prayer deserves the indulgence of this court. This is because it is the constitutional duties of this court that it should only order a retrial of a case on ground of irregularity in the conduct of proceedings when that irregularity or the lapse complained of by an Appellant on the part of the lower court, cannot be corrected in this court consistent with a decision in the case of the merits in favour of either of the parties to it. see Onifade v. Olayiwola (1990) 7 N.W.L.R. (pt. 161) 130 at 167.”

PER M. MOHAMMED, JSC IN LAWAN ABDULAHI BABU WASSAH  & 2 ORS V. TUKSHAHE KARA & 2 ORS LER [2014] SC.308/2001  https://legalpediaonline.com/just-decided-latest-judgement-dec-30th-2014/