A CRITICAL ANALYSIS OF THE EFFECT OF LEGAL TECHNICALITIES IN LAW

1.1Background to the study When a case is brought before the court for adjudication, certain procedures must be followed. These procedures can be found in the rules of court or in the provisions of the statutory laws. These procedures are the duties and rights of litigants in a matter. For instance, by the provisions of Sections 2(1) and 24 of the Legal Practitioners Act[ Cap. L11 Laws of the Federation of Nigeria, 2004], where an action is brought by a legal practitioner on behalf of his client and the originating process of the counsel were not signed, the action will be dismissed for being incompetent, even when raised for the first time on appeal in the Supreme Court[ Okafor v Nweke [2007] 10 NWLR (Pt. 1043) 521.]. For instance, if a person standing trial for a criminal offence was interrogated by the police in contravention with the laid down rules in the provision of section 17[ Administration of Criminal Justice Act, 2015]. He may challenge his conviction in court if found guilty on the ground that the laid down rules for criminal proceeding was not followed. This results in technicality with the court to determine if the defect amounts to injustice against the convict. However, depending on the irregularity, a party to a proceeding can raise an objection based on the procedural irregularity at the earliest, if not the party may lose such right[ Suade v Abdullahi [1989] 4 NWLR (pt. 116) 387]. These procedural defects are used by litigants to limit the court in the administration of justice, with the aim of preventing the court from determining the subject matter or merit of the case. This research work is going to delve into the court's reasoning in determining cases on technicalities that are brought before it. 1.2Statement of the problem Despite the provision of Order 10 Rule (1) and (2) of the Supreme Court Rules[ See also, Order 21 Rule 3 Court of Appeal Rules, 2016], which empowers the court to waive compliance by parties to the court rules where it considers it necessary in the interest of justice or by allowing such a party to remedy such non-compliance, this has rarely been the case in practice. The court has continued to dismiss cases on technicalities. Dismissal of cases on legal technicalities has always affected substantive justice. When a case is determined technically, the substance of the case is no longer an issue. Hence, the court may deviate from the main course of administering justice. It is also trite to note that undue regard to procedural technicalities can lead to the adjournment of proceedings, expunging of pleadings off the court record, striking out applications and dismissal of matters altogether (collectively 'the halting of proceedings'). The element of delay introduced by the halting of proceedings results in temporal inefficiency that defeats the ends which civil justice is geared towards. This study therefore reviews instances where technicalities arises and the various court decisions decided on technicalities and thus makes a critical analysis on the impact of dismissal of cases on legal technicalities as well as substantive justice. Nevertheless, some legal scholars opine that the solution to this problem is still in the hands of the judiciary and the lawyers who seem to embrace this practice at the expense of justice. In view of this, the following research question has been raised: i.What are the impacts of legal technicalities on substantive justice? 1.3Aims and objectives of the study This research aims to critically analyse the effect of legal technicalities on the administration of justice. Specifically, the objective of this research are: i.To discuss the concept of legal technicalities in Nigeria court. ii.To examine the reasons why court resort to technicality as a way of resolving matter brought before it. iii.To examine the effects, consequences or otherwise of legal technicalities in the administration of justice. iv.To suggest possible ways in which legal technicalities would not deter the administration of justice. 1.4Scope and limitation of the study The scope of the study centers on the legal power yielded by technicalities in Nigerian courts and involves a review of selected judgements impacted by such technicalities. This research study has received minimal attention from legal researchers resulting in a lack of adequate resource material. Additionally, the short time frame limits the researcher to major reliance on case law. 1.5Significance of the study This study analyse the effects of legal technicalities in the administration of justice in the Nigerian legal system. The significance of this study is as follows: i.The study helps the government to review laws and reforming its policy in order to ensure that justice is not sacrificed on mere technical basis. ii.The study helps the general public to understand the impact of legal technicalities and how it is applied in the administration of justice iii.The study will contribute to the increasing literature on legal technicalities and the impact on the administration of justice by providing a detailed analysis on how legal technicalities are affecting the effectiveness of the Nigerian legal system. 1.6Research methodology The method of research methodology adopted in this study is the doctrinal method which is essentially based on the use of articles, journal, books that are related to the subject matter of the research. Reference is also made to Nigeria statutes and case law, internet sources will also be consulted. 1.7 Synopsis of chapter Chapter 1 Chapter one discuss about the introduction to the research study such as the background to the study, statement of the research problem, aims and objectives of the study, scope of the study and research methodology. Chapter 2 Chapter two is on the review of various literature works used in the course of the research and also discuss the conceptual clarifications of terms and theoretical framework. Chapter 3 Chapter three examined the various legal framework and institutional framework relating to legal technicalities. Chapter 4 Chapter four examined the instances of legal technicalities in law and review of selected cases on legal technicalities. Chapter 5 Chapter five talks about the conclusion of the research, the finding, recommendation, contribution to knowledge and suggested areas for further studies.