JUSTICE OF THE CASE IS DETERMINED BY THE FACTS OF THE CASE

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

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JUSTICE IS A THREE WAY STREET IN ADVERSARIAL SYSTEM

In our adversarial system of justice, justice is a three way street. It must flow to society, the plaintiff and the defendant in equal parts. It is not the exclusive preserve of any party.

– Ogunwumiju JCA. Awure v. Iledu (2007)

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FOR IRREGULARITY TO SUCCEED, MISCARRIAGE OF JUSTICE MUST BE SHOWN

Adebayo v. Johnson (1969) 1 All NLR 176 where at page 190 this Court observed: “Even if the procedure adopted by the applicant Adebayo were wrong, we think that it is now much too late in the day for the directors to complain about it. They failed to challenge the correctness of the procedure at the commencement of the proceedings or on their entry into the case and sought unsuccessfully to get the Statement of Delinquencies filed by the applicant Adebayo struck out. Clearly in those circumstances the adoption of a wrong procedure would be no more than an irregularity, and would not render the entire proceedings a nullity as was submitted by learned counsel for the director Kamson: so unless a miscarriage of justice is thereby alleged and proved, the proceedings would not be struck out. See in re Kellock (1887) 56 L.T.R. 887: also Allen v. Oakey (1890) 62 LT.R. 724.”

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SUBSTANTIAL JUSTICE OVER TECHNICALITY

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.”

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THE AIM OF JUSTICE IS TO DO SUBSTANTIAL JUSTICE BETWEEN THE PARTIES

Law is blind. It has no eyes. It cannot see. That explains why a statue of a woman with her eyes covered can be found in front of some High Courts. On the contrary justice is not blind. It has many eyes, it sees, and sees very well. The aim of courts is to do substantial justice between the parties and any technicality that rears its ugly head to defeat the cause of justice will be rebuffed by the court. See Bello v. A.G, Oyo State (1986) 12 SC P.1 Bello v. Ringim (1991) 7 NWLR Pt.206 P.675 When justice is done it brings joy to the Righteous. See Proverbs 21:15.

— O. Rhodes-Vivour, JSC. Wassah & Ors. v. Kara & Ors. (2014) – SC.309/2001

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MEANING OF JUST AND FAIR

In the latter regard I refer to Halsbury’s Law of England, Vol. 21, page 348 para. “370.Meaning of just or convenient. The words just or convenient in the statutory provision (k) must be read just, as well as convenient (l). They do not mean that the court can grant an injunction simply because the court thinks it convenient, but mean that the court should grant an injunction for protection of rights or the prevention of injury according to legal principles (m). They confer no arbitrary nor unregulated discretion on the court, and do not authorise it to invent new modes of enforcing judgment in substitution for the ordinary modes (o).”

— Agbaje JSC. Okoya & Ors. V. S. Santilli & Ors. ( SC.206/1989, 23 MAR 1990)

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JUSTICE OF THE CASE IS DETERMINED BY THE FACTS OF THE CASE

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JUSTICE IS A THREE WAY STREET IN ADVERSARIAL SYSTEM

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FOR IRREGULARITY TO SUCCEED, MISCARRIAGE OF JUSTICE MUST BE SHOWN

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SUBSTANTIAL JUSTICE OVER TECHNICALITY

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THE AIM OF JUSTICE IS TO DO SUBSTANTIAL JUSTICE BETWEEN THE PARTIES

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MEANING OF JUST AND FAIR

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