Osinbajo faults supreme court over inconsistency, excessive reliance on technicalities

Yemi Osinbajo , former vice president, has criticised the Supreme Court of Nigeria for what he described as inconsistency and an excessive reliance on technicalities at the expense of substantive justice.

Osinbajo, a professor of Law, made the remarks on Thursday in Ilorin, the Kwara State capital, while speaking at the second Prof. Yusuf Ali Annual Lecture organised by the Kwara State University (KWASU), Malete.

He said Nigeria’s judicial system must undergo deep structural reforms to ensure that it serves the people rather than elevating procedural formalities over justice.

“The essence of any justice system is to serve the people, not to glorify procedural formalities. 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 said.

The former vice president lamented that the judiciary’s continued attachment to outdated legal doctrines has weakened the delivery of justice and eroded public confidence in the system.

“Though the Supreme Court has occasionally adopted a more flexible approach, particularly in electoral matters, inconsistency remains a major concern.

“A justice system that glorifies form over substance risks losing its relevance and effectiveness,” he added.

Osinbajo called on legal practitioners, academics, and policymakers to embrace what he termed “critical, decolonised thinking” in reforming legal education, legal practice, and the administration of justice.

Also speaking at the event, Prof. Chidi Odinkalu (SAN), who delivered the keynote lecture titled “Towards Decolonising Legal Briefs: Effective Implementation of the Local Content Law for the Benefit of Nigerian Lawyers,” echoed Osinbajo’s concerns.

Odinkalu argued that Nigeria’s legal system remains trapped in colonial frameworks that no longer reflect the nation’s realities or aspirations.

“Nigeria may have achieved political independence, but we lack occupational and ideational independence. 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,” Odinkalu said.

In his remarks, Prof. Jimoh Shaykh-Luqman, KWASU Vice-Chancellor, commended the steady growth of the university’s Faculty of Law and announced that key projects, including a departmental building, a 500-seat auditorium, and two 250-seat lecture theatres would be completed by December.

The host of the lecture, Prof. Yusuf Ali (SAN), emphasised the need for Nigeria to rediscover a shared national identity.

“All nations must have a rallying point, but Nigeria currently lacks one. 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,” he said.