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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The decision is not at large but is carefully qualified by the expression “miscarriage of justice”. The court used the expression twice. Miscarriage of justice is simply justice miscarried. I do not think I have said much. I should go further to say that miscarriage of justice is failure of justice. It is the failure on the part of the court to do justice. It is justice misapplied, misappreciated or misappropriated. It is an ill conduct on the part of the court which amounts to injustice. See Onagoruwa v. The State (1993) 7 NWLR (Pt. 303) 49. Miscarriage of justice arises in a decision or actcome of legal proceedings that is prejudicial or inconsistent with substantial right of a party. See Joshua v. The State (2000) 5 NWLR (pt. 658) 591; Sanusi v. Ameyogun (1992) 4 NWLR (Pt. 237) 527.
— Niki Tobi JSC. Pam & Anor. V Mohammed (2008) – SC.238/2007
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.”
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)
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)
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
There is also the view of some counsel that the decision in Okafor v. Nweke had to do with technical justice. I agree that the age of technical justice is gone. The current vogue is substantial justice. See: Dada v. Dosumu (2006) 12 PNJSC 115. But substantial justice can only be attained not by bending the law but by applying it as it is; not as it ought to be. There is nothing technical in applying the provisions of sections 2(1) and 24 of the Legal Practitioners Act as it is drafted by the Legislature. The law should not be bent to suit the whims and caprices of the parties/counsel. One should not talk of technicality when a substantive provision of the law is rightly invoked.
— J.A. Fabiyi, JSC. FBN v. Maiwada (2012) – SC.269/2005
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