Osinbajo faults Supreme Court for prioritising technicalities over justice

By Kunle Sanni –

Former Vice President Yemi Osinbajo has criticised the Supreme Court of Nigeria for what he described as its recurring tendency to prioritise technicalities over substantive justice, warning that such practices undermine public trust and the very essence of the nation’s legal system.

According to a report by The Nation newspaper, Osinbajo, a professor of law, made the remarks in Ilorin, Kwara State, during the second Professor Yusuf Ali Annual Lecture organised by the Kwara State University (KWASU), Malete.

He lamented that several judicial decisions, including those of the apex court, often place excessive emphasis on procedural flaws rather than on the pursuit of justice and fairness.

“Many judicial decisions, including those of the Supreme Court, have leaned 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 said.

The former Vice President argued that this overreliance on formality has eroded public confidence in the judiciary, adding that a justice system that glorifies procedure over fairness risks becoming irrelevant.

“It is important to note that a justice system that glorifies form over substance risks losing its relevance and effectiveness,” he warned.

Osinbajo urged legal practitioners, academics, and policymakers to “adopt decolonised and critical thinking” in reforming legal education and practice to reflect the realities and needs of modern Nigeria.

He acknowledged that while the Supreme Court had occasionally shown flexibility—particularly in electoral matters—its inconsistency in balancing procedure with justice remained a serious concern.