By
Amb Shuaibu Bashir Mukaddam
Abstract
This write-up will examine thoroughly the concept of technicality, the problems associated with it and the way forward in trying to solve the problems. It will also examine the concept of demand of justice. This paper will further explain the concept of technicality in a wider context taking a careful consideration of the attitude of the court towards technicality. It was discovered that courts try to avoid technicality in the interest of justice. It will juxtapose the Nigerian legal system taking a range between the substantive and procedural law or adjectival law; it was discovered that substantive law cannot be enforced without procedural law and usually litigants rely on procedural law to raise the issue of technicality. It looked at the administration of justice and the forms of justice; it was discovered that justice is divided into formal and substantive. Formal justice is applying laws strictly while substantive is applying laws at the interest of justice. It went further to discuss treatment of irregularities in the process of litigation together with forms of technicality where it was discovered that technicality is divided into mere and substantial technicality and that courts usually overlook the mere technicality and stand on substantial technicality. Consequently, we will look at layman perception and a legally informed individual perception of cases/matters decided on the concept of technicality; it was discovered that layman and some legally informed individuals looks at technicality as a way to shun justice. This article recommends that courts should insist that litigants adhere to procedural law (rules of court) strictly unless a law says otherwise. Subsequently, this article recommends that courts should ensure that mere errors/mistakes by litigants are overlooked when it is in the interest of justice to do so or to order that those abnormalities be rectified to ensure that the process of administration of justice is perceived to be fair and equitable.
KEYWORDS; Technicality, justice, substantive law, adjectival law, litigation, layman, court legal system.