Substantial justice and technicality are two competing principles in the administration of justice. Here’s a breakdown of when each may prevail:
Substantial Justice:
Prevails when:
1. Rights of parties are protected.
2. Fairness and equity are prioritized.
3. Merits of the case are considered.
4. Justice is served despite minor procedural errors.
5. Public interest is protected.
Examples:
1. A plaintiff’s case is heard despite minor defects in pleadings.
2. A defendant’s rights are protected from unfair or oppressive tactics.
3. A court considers extrinsic evidence to determine the truth.
Technicality prevails when:
1. Procedural rules are strictly applied.
2. Formalities are rigorously enforced.
3. Minor errors or omissions are fatal to a case.
4. Jurisdictional or venue issues arise.
5. Statutory requirements are not met.
Examples:
1. A plaintiff’s case is dismissed due to failure to serve summons within the statutory timeframe.
2. A defendant’s appeal is denied due to late filing.
3. A court refuses to consider evidence due to improper authentication.
When Technicality May Override Substantial Justice:
1. Jurisdictional issues: Court lacks authority to hear the case.
2. Statute of limitations: Time limit for filing has expired.
3. Procedural defaults: Failure to comply with essential steps (e.g., service, filing).
4. Lack of standing: Plaintiff lacks legal capacity to bring the case.
5. Failure to exhaust administrative remedies.
When Substantial Justice May Override Technicality:
1. Grave injustice would occur if technicality is applied.
2. Public policy favors substantial justice.
3. Minor errors or omissions are curable.
4. Equitable relief is sought (e.g., injunction, specific performance).
5. Court has discretion to relax procedural rules.
The Nigerian judiciary has adopted a balanced approach, prioritizing substantial justice while considering technicalities.
Section 36(1) of the 1999 Constitution states that Courts shall ensure justice is done, notwithstanding technicalities.
Supreme Court decisions emphasize substantial justice, but also recognize importance of procedural rules.
Its important to note, that the interplay between substantial justice and technicality can vary depending on:
1. Jurisdiction
2. Type of case
3. Procedural rules
4. Judicial discretion
