Supreme Court decision on Lawan v. Machina: a journey back to 13th Century English justice delivery system -By P. D. Pius, Esq.

Spread the love

 

P. D. Pius

In 13th century English, common law was invoked. Rigid rules apply. No matter how good your case was, it can be thrown out on technical grounds. Basically on forms. E.g that you were supposed to use Form A and not form B. In today’s parlance it could be that you were supposed to use writ instead of petition or originating summons. The justice system then was completely blind to merit of the case or actual fact of injury. It was not concerned with conscience or good faith.

 

The common law was so rigid that common law judges refused to allow a man stay in the house he built and planted trees in the garden. See Earl of Oxford’s case (1615) 1 Ch. R. 1. It was as a result of this harsh injustice occasioned by rigid rules of common law that the law of equity was developed to bring succour.

By equity, it does not matter that rigid rules of common law was not followed, once conscience, good faith or law of God dictates in favour of a party then he should be served justice. Thus, Lord Ellesmere was reported to have decided that “by law of God, he that built a house must live in it”. This is to reduce the harsh application of rigid rules of common law. It was also to cure the conflict between rigid common law and equity that the Judicature Act of 1873 was enacted to the effect that where there is conflict between rigid common law and equity, then equity should prevail.


Log in to primsol.lawpavilion.com and enjoy the best E-journals, textbooks, and many more

To subscribe to Primsol, go to store.lawpavilion.com.

For further enquiries/assistance, send an email to customercare@lawpavilion.com or call 08050298729


Similarly, section 12 of Federal High Court Act has codified the position from English Law that where there is conflict between rigid common law and equity, the rules of equity should prevail. In logic it is the battle of form and content!

Be that as it may, the Supreme Court appears to now hold a firm position insisting on rigid rules on commencement of action. Their Lordships appears to be unwavering on rigid rules on commencement of action that it must be followed. They are not interested in the merit of the case as long as rigid rules of commencement of action is not followed. This account for the decisions in APC v. Ebeleke, Edevie v. PDP, Nyameh v. INEC and now Lawan v. Machina. These cases were determined on technical points and not the real dispute between the parties.

In my view, the mode or way or manner of commencing a court action ought not to defeat a case full of merit. In other words, if it is true that Mr. A won the election, does it matter that he file his case by petition or writ or summons? How does use of forms alter the facts of the case?

You may take flight to Lagos. You may follow train. You may follow night bus. In either case, the question should be whether you got to Lagos or not. The fact is that you are in Lagos, it does not matter the mode of transportation. This is my understanding of justice delivery. To focus on forms of commencement of action instead of facts of the case is in my humble view a journey back to 13th century English system were rigid common law hold sway while equity, conscience, good faith and substantial justice is sacrificed.

P. D. Pius, Esq., ACIArb. (UK)
piusdanba@gmail.com
08038944639

Call Bridget Edokwe Esq on 08060798767 or send your email to barristerngblog@gmail.com

Thinking of Gifts And Souvenirs for your loved ones and special occasions, look no further. Tel: +234 7054211014 Email: jasminepconsult@gmail.com Instagram: https://instagram.com/jasmineperception?igshid=ZGUzMzM3NWJiOQ== WhatsApp: wa.me/2347054211014 Facebook: https://www.facebook.com/jasmine.perception



The cost is N8,000: To Order/get copies of the Book, contact the Author below

Email: haglersoco@gmail.com. Call: 08032253813

Address: Winners Chambers No 135 Ehi Road by Mosque Street beside First Bank Aba, Abia State


Author: Prof Theodore Okonkwo, Ph.D: CALL: 08065159968; 08068771923: PRICES: N100,000 (SPECIAL EDITION), N60,000.00 (UNIVERSAL EDITION)

Digital Evidence and eDiscovery Law Practice in Nigeria -By Emeka Arinze Esq. [ORDER NOW] - For book cost & placing order, visit www.decfi.com.ng/order


Steps To Subscribe To the Court of Appeal Reports Nigeria


Get ‘Personal Property Law in Nigeria’ By Chief Mike A.A. Ozekhome, SAN (FREE)

Click below to download FREE

https://www.pulp.up.ac.za/monographs/personal-property-law-in-nigeria

ADVERTISEMENT

BESTSELLER: Commercial and Economic Law in Nigeria By Chief Mike Ozekhome, SAN [ORDER NOW] To ORDER click the link https://kluwerlawonline.com/EncyclopediaChapter/IEL+Commercial+and+Economic+Law/COMM20210001 Buy the Book on Military Law, authored by a Veteran Military Lawyer, and launched personally by the then COAS.

SHOP NOW  CALL THIS PHONE NUMBER 07087622283 TO GET A COPY


To get a copy kindly Call 07044444777, 07044444999 & 08181999888 or visit us at: Investment House, 7th Floor, 21/25 Broad St., Lagos. Buy online @ www.alexandernigeria.com


Available at Frank Agbedo & Co. Crown Chambers. 5th floor, left wing, Nipost Building, Lagos Island, Lagos State. Tel: 08033254471, 09077950432 Email: frankagbedo@gmail.com
%d bloggers like this: