ENDS OF JUSTICE SUPERCEDES MODE OF ACTION COMMENCEMENT

TRAVESTY OF JUSTICE

It is said that justice delayed is justice denied. The reverse is equally disturbing. Justice rushed is a travesty of justice and a threat to the fabric that binds civilized society together. As if the rushed justice was not bad enough, the panel presented to the Taraba House of Assembly an incomplete and edited report upon which the appellant was removed on the 4th October, 2012, the day following the submission of the report. At least, the respondents did not disclaim the incomplete and edited report.

– Ngwuta, J.S.C. Danladi v. Dangiri (2014)

MEANING OF MISCARRIAGE OF JUSTICE

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

DOING SUBSTANTIAL JUSTICE IN ALL CASES

Niki Tobi(JSC) (Blessed memory) in Samuel Ayo Omoju v. FRN [2008]ALL FWLR (Pt.415) 1656 at1671-1672 paras. G-B; espoused on doing substantial justice in all cases quipped thus – Substantial justice, which is actual and concrete justice, is justice personified. It is secreted in the elbows of cordial and fair jurisprudence with a human face and understanding. It is excellent to follow in our law. It pays to follow it as it brings invaluable dividends in any legal system anchored or predicated on the rule of law.

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.”