Osinbajo Calls for Overhaul of Nigeria’s Legal System, Faults Overreliance on Technicalities

Former Vice President Yemi Osinbajo has called for a fundamental reform of Nigeria’s legal and judicial philosophy, criticizing the courts’ persistent tendency to prioritize procedural technicalities over substantive justice.

Osinbajo, a Senior Advocate of Nigeria (SAN) and Professor of Law, made the call on Thursday in Ilorin, Kwara State, during the second Professor Yusuf Ali Annual Lecture, organized by the Kwara State University (KWASU), Malete.

He emphasized that the justice system must serve the people by ensuring fairness and equity, rather than celebrating procedural rigidity or exploiting technical loopholes.

“The essence of justice is not in the form but in the substance. Unfortunately, many of our court decisions, including some of those delivered by the Supreme Court, tend to focus more on procedure rather than the core issues of justice,” Osinbajo stated.

Citing examples from other jurisdictions, Osinbajo noted that English courts — from which Nigeria’s legal system was derived — have evolved beyond strict proceduralism, allowing amendments at any stage of proceedings to ensure that justice is not sacrificed for formality.

He warned that Nigeria’s obsession with outdated technicalities undermines the effective delivery of justice and weakens public confidence in the judiciary.

“In view of this, I urge legal practitioners, academics, and policymakers to engage in critical and decolonised thinking towards reforming our legal education, legal practice, and overall administration of justice,” he said.

While acknowledging that the Supreme Court has, on occasion, adopted a more flexible approach — particularly in electoral cases — Osinbajo lamented the inconsistency in applying such principles.

“It is important to understand that a justice system which continues to glorify form over substance risks losing both its relevance and its moral authority,” he concluded.