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I always feel sad each time Nigerian courts rule on very important issues on the premise of technicalities. A petition is either thrown out because, either the petition didn’t dot his I and cross his T, or the petition was submitted on Monday instead of Tuesday. What impact does this have on the judicial system of Nigeria?
The answer to this question is not straightforward, as it depends on the specific circumstances of each case and the applicable laws and rules of procedure. In general, judges have a responsibility to ensure that cases are decided on their merits, rather than on technicalities or procedural errors.Read more
The answer to this question is not straightforward, as it depends on the specific circumstances of each case and the applicable laws and rules of procedure.
In general, judges have a responsibility to ensure that cases are decided on their merits, rather than on technicalities or procedural errors. However, there may be situations where a case must be dismissed on technical grounds in order to uphold the integrity of the legal system and prevent abuse of the judicial process.
For example, if a petitioner fails to comply with a procedural requirement, such as filing the petition within the required timeframe or in the correct court, the judge may be required to dismiss the case. Similarly, if a petitioner fails to provide sufficient evidence to support their claim, the judge may be required to dismiss the case for lack of evidence.
However, it is important to note that judges should exercise discretion in deciding whether to dismiss a case on technical grounds. If the technical error is minor and does not affect the substance of the case, the judge may choose to overlook it and address the merits of the case.
Ultimately, the goal of the legal system is to provide fair and just outcomes, and judges should strive to balance the need to uphold procedural rules with the need to ensure that cases are decided on their merits.
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