It is tragic that this case continues to be beset with delays peculiarly characteristic of the slow movements of the mechanism of justice and the need to ensure that justice is done and fair hearing given to the parties in the case. The wheels of justice grind slowly but surely till its purpose is achieved.
— Obaseki, JSC. Odi v Osafile (1985) – SC.144/1983
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It would fall far short of ideal justice between man and man if, where no third party had been prejudiced by the omission, a party to a contract could evade his obligations merely be- cause the other party had not gone to a government office and registered the contract, but the courts have to administer the statute law as it stands and since the submission has been made the Court must consider its validity.
— Brett, JSC. Fakoya v Paul (1966) – SC. 238/1964
Justice of a case cannot be determined in vacuo but in relation to the facts of the case. Justice so to say, which is not done within the facts of a case is not justifice properly so called but justice in inverted commas and therefore injustice.
— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008
It is said that justice delayed is justice denied. The reverse is equally disturbing. Justice rushed is a travesty of justice and a threat to the fabric that binds civilized society together. As if the rushed justice was not bad enough, the panel presented to the Taraba House of Assembly an incomplete and edited report upon which the appellant was removed on the 4th October, 2012, the day following the submission of the report. At least, the respondents did not disclaim the incomplete and edited report.
– Ngwuta, J.S.C. Danladi v. Dangiri (2014)
Miscarriage of justice is a failure of justice. There is a miscarriage of justice where there are grave or serious errors in the proceedings as to make the proceedings fundamentally flawed. It means failure of the Court to do justice. See Enawakponmwhem Aigbobahi & Ors v. Edokpayi Aifuwa & Ors (2006) 6 NWLR (Pt.976) p.270; Amadi v. NNPC (2000) 10 NWLR (Pt.674) p.76;Kalu O. Irolo & Ors v. Ebe E. Uka & Anor (2002) 14 NWLR (Pt.786) p.195. Nnajiofor v. Ukonu (1986) 4 NWLR (Pt.36) p.505.
– Rhodes-Vivour, JSC. Nwankwoala v FRN (2018) – SC.783/2015
EGOLUM V. OBASANJO (1999) 7 NWLR (Pt.511) 255 at 413, where the Supreme Court, per ACHIKE, JSC, held thus: ‘The heydays of technicalities are now over because the weight of judicial authorities has today shifted from undue reliance on technicalities to doing substantial justice evenhandedly to the parties to the case.”
Miscarriage of justice connotes decision or outcome of legal proceeding that is prejudicial or inconsistent with the substantial rights of the party. Miscarriage of justice means a reasonable probability of more favourable outcome of the case for the party alleging it. Miscarriage of justice is injustice done to the party alleging it. The burden of proof is on the party alleging that the justice has been miscarried.
– Niki Tobi JSC. Gbadamosi v. Dairo (2007)
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