HomeNEWSOsinbajo says courts' attachment to 'technicalities' is eroding public trust

Osinbajo says courts’ attachment to ‘technicalities’ is eroding public trust

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Osinbajo noted that the essence of any justice system is to serve the people, not to glorify procedural formalities.

By Kehinde Okeowo     

Professor of law and former Vice President, Yemi Osinbajo, has expressed concern over recent decisions of courts in Nigeria, saying they tend to prioritise “technicalities” over substantive justice.

He made this known on Thursday in Ilorin, the Kwara State capital, while speaking at the second Prof. Yusuf Ali’s Annual Lecture organised by the Kwara State University (KWASU), Malete.

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While addressing the gathering, Osinbajo said there is a need for a fundamental restructuring of Nigeria’s legal and judicial philosophy.

According to him, the essence of any justice system is to serve the people, not to glorify procedural formalities.

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He noted that many judicial decisions, including those of the Supreme Court, often leaned towards rigid technicalities rather than substance.

“Even English courts, whose practices we inherited, have evolved beyond such rigid technicalities by allowing amendments at any stage to ensure justice is done,” he said.

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Osinbajo further posited that Nigeria’s continued attachment to outdated technicalities undermined justice and eroded public trust in the judiciary.

“In view of this, I urge legal practitioners, academics, and policymakers to adopt critical, decolonised thinking to reform legal education, legal practice, and the administration of justice,” he said.

“Though the Supreme Court has occasionally adopted a more flexible approach, particularly in electoral matters, inconsistency remains a major concern.

“It is important to note that a justice system that glorifies form over substance risks losing its relevance and effectiveness,” Osinbajo added. 

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