Like many other cases similarly decided by the Supreme Court,
the incumbent Governor of Osun State has won his election petition
at the Supreme Court on technical ground.
I do strongly believe that technical justice is a legal way by
which injustice is still allowed to thrive in our justice
system.
If beneficiaries of technical justice were to be guided by
Islamic justice tenets, they would realize that, if by technical
justice, they are judicially given what does not belong to them, it
is hell fire that is being handed over to them.
This is how Prophet Muhammad used to admonish the litigants that
came to him.
The same also goes to lawyers who employ technicalities to
defeat the course of justice which they themselves glaringly know.
Like Professor ALARO said, such technical justice lawyers who are
Muslims should warn themselves lest their legal practice become the
price they pay for their divine salvation in the hereafter.
For judges, Islamic law has made it clear that there are three
types of judges and only one of them will earn the divine pleasure
of their Creator.
For any litigant that is denied his entitlement on technical
ground, let him be comforted that his prayer as an oppressed person
has direct entrance to his Creator.
The above is not however in particular reference to the recently
delivered judgment of the Supreme Court, but on the need for our
justice system to do away with technical justice practice. Many
tears are out there which have refused to dry up because they were
denied what belongs to them by technical justice.
Written by Dr. A.S Ishola.