Former Vice President, Yemi Osinbajo has called for a comprehensive overhaul of Nigeria’s legal and judicial philosophy, faulting the persistent tendency of the courts to elevate procedural technicalities above the pursuit of substantive justice.
Osinbajo, a Senior Advocate of Nigeria and Professor of Law, made the call on Thursday in Ilorin, the Kwara State capital, during the second Professor Yusuf Ali Annual Lecture, organised by the Kwara State University, KWASU, Malete.
He argued that the primary objective of any justice system should be to serve the people and uphold fairness, not to celebrate procedural rigidity or technical loopholes.
“The essence of justice is not in the form but in the substance. Unfortunately, many of our court decisions, including some of those delivered by the Supreme Court, tend to focus more on procedure rather than the core issues of justice,” Osinbajo stated.
Citing examples from other jurisdictions, the former Vice President noted that even English courts, from which Nigeria’s legal traditions were inherited, have evolved beyond rigid proceduralism by allowing amendments at any stage of proceedings to ensure justice is ultimately served.
He warned that Nigeria’s fixation on outdated technicalities not only hinders the dispensation of justice but also erodes public confidence in the judiciary.
“In view of this, I urge legal practitioners, academics, and policymakers to engage in critical and decolonised thinking towards reforming our legal education, legal practice, and overall administration of justice,” he said.
While acknowledging that the Supreme Court has occasionally taken a more flexible stance, particularly in electoral disputes, Osinbajo said inconsistency in the application of such principles remains a major setback.
“It is important to understand that a justice system which continues to glorify form over substance risks losing both its relevance and its moral authority,” Osinbajo added.
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