1. Conformity in conduct or practice to the principles of right or of positive law; 2. Regard for or fulfillment of obligations, rectitude and honesty. 3. Adherence to truth of fact, impartiality 4. The rendering of what is due or merited, just requital or consideration 5. The quality of being just or reasonable, rightness, equitableness.
Salwan and Narang [4] defined Justice simply as:
the quality of being right and equitable and deserving fair treatment. Justice implies giving a person what he deserves, the equitable and fair judgment and punishment to the offenders in the light of the existing laws, morals and customs.
The Primary duty of a Judge called upon to adjudicate on a matter between contending parties is to always strive to maintain balance. Like the referee on a football pitch, he should be ready to share and apportion blame and show the red and green cards firmly and equally as the need arises. He goes into the field without any clear favourites in mind so that at the end of the game he can say with a clear conscience ‘I did what I was called upon to do without fear or favour. I am convinced that I did my best’. That indeed in a nutshell is the whole essence in the art or science of judging.
No Court, a fortiori the Supreme Court, will allow itself to be used as an instrument of bad faith. This Court will be shirking in its judicial responsibility as the last Court of the land if it refuses to intervene to stop a party before it from foisting bad faith and subterfuge on the other party or even the Court itself. This is a proper case calling for the Court’s intervention because this is a Court of justice where justice is not only to be done but also to be seen to be done to the hilt.[6]
Laws are made to regulate human conduct in the society and every facet of human life. Criminal Law is only a part of the laws and the moment it is offended or gone contrary to, the State comes in and act against the offender through its agencies because activities regarded as crimes are not only injury to the individual victim, but to the society as a whole.
By the above authorities, an action therefore founded on an unsigned document is bound to fail. However See The State v. Ali SA’IDU (2019) 10 NWLR (Part 1680) page 308. In this case Respondent was among the persons that went to the house of one Alhaji Ummaru Masanawa, a Village Head in Kufur Local Government Area of Katsina State and demanded money from him and killed him. Respondent was found guilty at the Trial Court and was convicted of Armed Robbery and sentenced to death. Respondent appealed to the Court of Appeal which upheld his appeal and acquitted him. The Appellant (State) being dissatisfied with the judgment of the Court of Appeal acquitting the Respondent, appealed to the Supreme Court.
There is no doubt that Exhibit 8A, the main statement made in Hausa by the Respondent was actually thumb printed by him…the grouse of the respondent is that the translated version was not signed by the Respondent though signed by the translator. As far as the translator had signed the said translated version, I held that it does not make any difference that the accused did not sign it.
…If we will allow accused persons standing trial on capital offences like this one to be set free based on this technical wand (underlining mine) we will give the corrupt investigator another opportunity of making money by distorting records or not allowing the accused person to sign the interpreted version of his statement.
The above provisions are clear and not in any way ambiguous. We have stated times without number, that the law is settled that express written provision of the law must be given meaning irrespective of flowery embellishments in counsel’s written argument…. In my view, the above provisions are clear. It is not within the contemplation of the provisions of Section 2(1) and Section 24 of the Legal Practitioners Act that persons other than those listed in the roll of the Supreme Court of Nigeria should sign originating processes or any Court process whatsoever, I am in total agreement with the learned Counsel to the Respondents that this is a matter of law and that validity of originating processes in any proceedings is fundamental to the jurisdiction or competence of the suit…. Clearly, the word “Falana & Falana” is a clear breach of the provisions of the Legal Practitioners Act. The breach gets to the root and uproots this appeal and snaps it off the list of pending appeals that should continue to receive the attention of this Court. It is not something that could be swept under the carpet “irrespective of the standing of the supposed counsel…”
I have examined the above 10 year old girl, who is alleged to have been raped yesterday. My findings: “Old rupture of the hymenal ring. No redness around the vaginal introitus. Hymen easily admits one finger… My opinion, the girl definitely had sexual intercourse with somebody, but had lost her virginity more than 7 days ago…
The need to do substantial justice and avoid delving into the error of technicalities is well settled. This Court has shown the way and all Courts below the judicial hierarchy should abide by embracing the trends of deliberately shifting away from the narrow technical approach to doing substantial justice irrespective of obstacles and hindrances. This case like the Opeyemi’s case amplified the attitudinal disposition of the Court against deciding cases on mere technicalities. The attitude of the Courts now is that cases should always be decided, wherever possible on the merit…. It is unjust to hold that because blunders have been committed, the party blundering is to incur the penalty of not having the dispute between him and his adversary, determined upon the merit. See also UBN Plc v. Ravih Abdul & Co. Ltd [25] where the Supreme Court held that difference or error in stating a particular of letter of credit is not enough to absolve the Respondent of liability under the letter of credit.
…this Honourable Court Per Oputa JSC held in reliance on the dictum of Lord Penzance in Coombe v. Edwards (1878) L.R 3 P.D 142 thus:
“The spirit of justice does not reside in formalities, or words, nor in the triumph of its administration to be found in successfully picking a way between the pitfalls of technicality. After all the law is, or ought to be, the handmaid of justice…” If the choice is between legal technicality and justice, one ought to cast one’s lot with justice… I will at anytime, anywhere cast my lot for truth and justice rather than for mere formal objections.
Courts generally have deliberately shifted away from narrow technical approach to justice which characterized some earlier decisions to now pursue the course of substantial justice. See Makeri Smelting Co. Ltd. v. Access Bank Nig. Plc (2202) 7 NWLR (Pt 766) 447 @ 471 para C-G.
In my view such non payment of filing fees could not touch on the jurisdiction of the lower Court. It is a cardinal principle of law that Courts should always try to see that substantial justice is done to the parties before it evenly…. The Court below should have ordered the Appellants to pay such fees as requested in the circumstance … I feel that the lower Court was wrong to have struck out the brief… and by extension striking out the entire appeal…
There is a concatenation of authorities to the effect that when an action is brought outside the statutory period, such action will be struck out. Courts have hinged the justice behind such judgments on the need to apply the law and do justice according to law. See Olagunju v. Power Holding Company of Nigeria PLC. (Supra).