TOWING JUSTICE VS UPHOLDING STATUTORY PROVISIONS

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…”

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

COURT HAS TO ADMINISTER THE STATUTES LAW

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

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

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