Former Vice President Yemi Osinbajo has criticised the Nigerian Supreme Court for what he perceives as a tendency towards inconsistency and an excessive reliance on technicalities, which he claims undermines substantive justice. Osinbajo, a seasoned law professor, made this statement during the second Prof. Yusuf Ali Annual Lecture held at Kwara State University (KWASU) in Malete on Thursday.
The former vice president argued that the Nigerian justice system requires a fundamental restructuring to better serve the needs of the people. He emphasised that the focus of justice systems should be on delivering justice, not on glorifying procedural formalities.
“The essence of any justice system is to serve the people, not to glorify procedural formalities,” Osinbajo remarked. “Many judicial decisions, including those of the Supreme Court, often lean towards form rather than substance. Even English courts, whose practices we inherited, have evolved beyond such rigid technicalities by allowing amendments at any stage to ensure justice is done.”
Osinbajo expressed concern that Nigeria’s attachment to outdated legal doctrines has been a barrier to justice, ultimately eroding public trust in the judiciary. He also acknowledged that, while the Supreme Court had occasionally shown flexibility, particularly in electoral matters, the inconsistency in its decisions remains a significant issue.
“A justice system that glorifies form over substance risks losing its relevance and effectiveness,” he cautioned, urging the need for reforms that prioritise substance over procedure.
He further called on legal practitioners, scholars, and policymakers to adopt “critical, decolonised thinking” in the reform of legal education and the overall administration of justice in Nigeria.
Echoing similar concerns, legal scholar and human rights advocate Prof. Chidi Odinkalu (SAN) delivered the keynote address titled “Towards Decolonising Legal Briefs: Effective Implementation of the Local Content Law for the Benefit of Nigerian Lawyers.” He criticised the colonial legacy still entrenched in Nigeria’s legal system and called for its reimagination to align with the country’s realities and aspirations.
“Nigeria may have achieved political independence, but we lack occupational and ideational independence,” Odinkalu noted. “Our justice system is still hooked to the rest of the world. We need to dismantle the colonial legacies embedded in our laws and institutions to build a credible and independent judiciary.”
The Vice Chancellor of KWASU, Prof. Jimoh Shaykh-Luqman, spoke on the university’s progress, noting that major infrastructural projects such as a new departmental building, a 500-seat auditorium, and two 250-seat lecture theatres are scheduled for completion by December.
In his remarks, the host of the lecture and Senior Advocate of Nigeria, Prof. Yusuf Ali, emphasised the need for Nigeria to rediscover a unifying national identity. He pointed out that despite Nigeria’s diversity, the country currently lacks a cohesive rallying point.
“All nations must have a rallying point, but Nigeria currently lacks one,” Prof. Ali observed. “The only time Nigerians truly unite is during international football matches, and even that togetherness fades quickly afterwards. We must confront our systemic failures instead of romanticising the past.”
The lecture touched on the pressing need for reforms that will address these systemic issues, highlighting that a justice system more aligned with the needs of the Nigerian people would strengthen public trust and ensure fairness for all.
