The definition of “miscarry” includes “to fail to achieve the intended purpose” – see Merriam-Webster Dictionary, therefore, the term “miscarriage of justice” is simply the failure of a court to do justice. As it is used in constitutional standard of reversible error in a judgment, “miscarriage of justice means a reasonable probability of more favourable outcome for the defendant” – Larmie v. Data Processing Maintenance & Services Ltd. (2005) 18 NWLR (Pt.958) 438 SC.
CHIEF ISMAILA EHINLE & 2 Ors v IKORODU LOCAL GOVERNMENT & 3 Ors – SC. 382/2007 decided on 8th May 2020