Former Vice President, Yemi Osinbajo, has called for a comprehensive overhaul of Nigeria’s legal and judicial philosophy, strongly criticizing the courts’ persistent tendency to elevate procedural technicalities above the pursuit of substantive justice.
Osinbajo, a Senior Advocate of Nigeria (SAN) and Professor of Law, delivered the compelling critique on Thursday in Ilorin, Kwara State, during the second Professor Yusuf Ali Annual Lecture. He argued that the fundamental objective of any justice system must be to serve the people and uphold fairness, not to celebrate procedural rigidity or technical loopholes.
“The essence of justice is not in the form but in the substance. Unfortunately, many of our court decisions, including some of those delivered by the Supreme Court, tend to focus more on procedure rather than the core issues of justice,” Osinbajo stated.
Eroding Public Confidence
The former Vice President warned that Nigeria’s fixation on outdated technicalities not only hinders the swift dispensation of justice but also seriously erodes public confidence in the judiciary.
Citing comparative examples, he noted that even English courts, from which Nigeria inherited its legal traditions, have evolved beyond rigid proceduralism by allowing amendments at any stage of proceedings to ensure justice is ultimately served.
Osinbajo further pointed out the inconsistency in the application of principles, noting that while the Supreme Court has occasionally adopted a more flexible stance, particularly in time-bound electoral disputes, the same flexibility is not consistently applied to ordinary civil and criminal matters.
Call for Decolonized Thinking
In light of these challenges, the former Vice President urged key stakeholders to initiate a period of critical and reflective reform.
“In view of this, I urge legal practitioners, academics, and policymakers to engage in critical and decolonised thinking towards reforming our legal education, legal practice, and overall administration of justice,” he said.
Osinbajo concluded with a stern warning, affirming that a justice system which continues to “glorify form over substance” risks losing both its relevance and its moral authority within society.
