The Supreme Court of Nigeria and the Stains of Justice by Technicalities: Why APC v Machina is wrong

Oladimeji Ifedayo Idowu(1),


(1) Lecturer, Department of Public Law, Faculty of Law, Redeemer’s University, Ede, Osun-State, Nigeria
Corresponding Author

Abstract


This study appraises the case of APC v Machina which was decided by the Supreme Court of Nigeria on Monday 6th February 2023 on grounds of technicalities. In this case, the court seems to have exhumed the corpse of age-long Blackstone and clung to the medieval practice of forms rather than the substance. Many questions and controversies with conflicting thoughts and opinions have since greeted the said decision. Regrettably, the imbroglio generated has cast doubts on the judiciary as the last hope of the common man and has questioned its stance on the interest of justice. This study, therefore, examines the apex court’s decision in a bid to amplify the correct application of the principles of technical and substantial justice in the dispensation of justice in the Nigerian legal system. The study adopts the doctrinal research method of examining several documents, including law reports, statutes, law texts, and journals articles. The central argument is that technical justice is no justice at all as there can be no true justice unless the substance of a matter is examined

Keywords


Supreme Court of Nigeria, Substantive Justice, Justice by Technicalities, Preelection matters

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