DOING SUBSTANTIAL JUSTICE IN ALL CASES

TOWING JUSTICE VS UPHOLDING STATUTORY PROVISIONS

A court of law cannot ignore provisions of a statute which are mandatory or obligatory and tow the line of justice in the event that the statute has not done justice. Courts of law can only do so in the absence of a mandatory or obligatory provision of a statute. In other words, where the provisions of a statute are mandatory or obligatory, courts of law cannot legitimately brush the provisions aside just because it wants to do justice in the matter. That will be adulterating the provisions of the statute and that is not my function; the Judge that I am. I must say that I will be doing justice only to the appellants if I interpret Sections 22 and 26 of the Land Use Act in the way he has urged. But that will certainly be unjust to the respondent. He too, like the appellants, needs justice: As the independent umpire that I am, I am bound to do justice in the case before me.

– Niki Tobi, JSC. Calabar CC v. Ekpo (2008)

WHAT IS MISCARRIAGE OF JUSTICE?

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)

DESPITE SLOWNESS, JUSTICE WILL STILL BE ACHIEVED

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

MISTAKE TO CAUSE MISCARRIAGE OF JUSTICE

It is now settled law, that it is not every mistake in a judgment or decision that can warrant the reversal of a decision. To justify a reversal of a decision, the error complained of must be of such a nature to cause real miscarriage of justice. In the instant case, the fact that a breach was considered, even if erroneously, in appeal which does not concern the appellant, cannot be a basis for the appellant to complain.

– Musdapher JSC. Gbadamosi v. Dairo (2007)

JUSTICE DOES NOT RELY IN FORMS & TECHNICALITIES

Oputa, JSC in Bello v. Oyo State (1986) 5 NWLR (Pt 45) 826 at 886: “the picture of law and its technical rules triumphant and justice prostrate may no doubt have its admirers. But the spirit of justice does not reside in forms, formalities nor in technicalities nor is the triumph of the administration of justice to be found in successfully picking one’s way between pitfalls of technicality. Law and its technical rules ought to be a handmaid to justice…”