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(5) The decision of a court shall not be set aside or treated as a nullity solely on the ground of non-compliance with the provisions of subsection (1) of this section, unless the court exercising jurisdiction by way of appeal or review of that decision is satisfied that the party complaining has suffered a miscarriage of justice by reason thereof. (6) As soon as possible after hearing and deciding any case in which it has been determined or observed that there was non-compliance with the provisions of subsection (1) of this section, the person presiding at the sitting of the court shall send a report on the case to the Chairman of the National Judicial Council who shall keep the Council informed of such action as the Council may deem fit. 295. Reference of questions of law (1) Where any question as to the interpretation or application of this Constitution arises in any proceedings in any court of law in any part of Nigeria (other than in the Supreme Court, the Court of Appeal, the Federal High Court or the National Industrial Court [Section 295(1), (1) or a High Court) and the court is of the opinion that the question (b) and (2) are altered by the Constitution involves a substantial question of law, the court may, and shall if any of Federal Republic of the parties to the proceedings so requests, refer the question to of Nigeria (Third the Federal High Court or the National Industrial Court or a High Alteration Act) 2010] Court having jurisdiction in that part of Nigeria and the Federal High Court or the National Industrial Court or the High Court shall - (a) if it is of opinion that the question involves a substantial question of law, refer the question to the Court of Appeal; or (b) if it is of opinion that the question does not involve a substantial question of law, remit the question to the court that made the reference to be disposed of in accordance with such directions as the Federal High Court or the National Industrial Court or the High Court may think fit to give. (2) Where any question as to the interpretation or application of this Constitution arises in any proceedings in the Federal High Court or the National Industrial Court or a High Court, and the court is of opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so requests, The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations 193