‘Justice now a commodity’ — Don blasts Nigeria’s legal system

By Ifeoluwa Jones

Nigeria’s justice system has strayed from its moral foundation, operating instead as a “judicial jungle” where procedural rules often take precedence over fairness and truth, according to Professor Kazeem Olajide Olaniyan.

He made this statement while delivering the 8th inaugural lecture at Fountain University in Osogbo, where he emphasised the increasing disconnect between the ideals of justice and the realities of Nigeria’s legal system.

The lecture, which was titled “The Just, Justice and the Judicial: A jurisprudential Journey In the Justicial Jungle”, Prof Olaniyan, in his lecture, explains the difference between “the just” (moral truth), “justice” (legal outcomes), and “the justicial” (the system), arguing that Nigeria has perfected legal procedures while losing sight of fairness.

He warned that the justice system has gradually shifted away from its moral purpose, reducing fairness to a matter of procedure rather than principle.

“Justice, which we all hold dear, has become a commodity, a procedural conclusion, rather than a moral end,” he said.

According to him, the imbalance within the system has created a situation where the weak are unequally punished while the powerful manipulate legal processes. “A man who steals a loaf of bread spends years awaiting trial, while the man who steals a billion manipulates the system,” he said.

Prof. Olaniyan noted that while justice is often perceived as absolute, its application within legal systems is influenced by human judgment, institutional structures, and societal conditions. He pointed out that legal outcomes do not always reflect true fairness due to various structural and procedural limitations, emphasising the need for a system that prioritises equity alongside legality.

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Beyond the inequality, Prof Olaniyan revealed that a significant portion of inmates in Nigerian correctional facilities are awaiting trial, with many spending longer in detention than the maximum sentence for their alleged offences. He argues that this dire situation reflects a system where justice is not only delayed but effectively denied, particularly for those who lack the resources for unnecessary and lengthy legal battles.

“Thousands remain in custody for periods exceeding the maximum sentence; over 68% of the total inmate population in Nigeria consists of awaiting trial detainees,” he said.

In his lecture, Prof. Olaniyan identifies the Nigerian Police Force as the starting point of many of the system failures, describing it as the primary gateway into the criminal justice process. He noted that inefficiency, corruption, and lawlessness in the police force usually delay justice early, compromising investigations and damaging cases long before they get to court.

According to him, these early failures create a bad effect across the entire justice system, from wrongful arrests and delayed prosecutions to overcrowded correctional facilities. Furthermore, he stressed that for the system to restore credibility, they need to move away from confession-based investigations towards forensic-driven policing, arguing that modernising investigative processes is a critical step to repairing the public trust in the system.

To address these challenges, Prof. Olaniyan emphasised the importance of ethical responsibility among legal practitioners and the need for a more human-centred approach to the dispensation of justice. He also explains that increasing police salaries alone is not enough.

“What Nigeria needs is the political will from both federal and state levels, to make the police receptive, efficient, and effective within the constitutional framework”. Competence without will, he stressed, changes nothing.

Prof. Olaniyan urges the system to stop worshipping process and start honouring the person, stating that when the justice sector exists merely to maintain power rather than preserve equity, it has already forfeited its legitimacy.

In her remarks, the Vice Chancellor of the university, Professor Ramota Karim, commended the inaugural lecturer for his outstanding lecture and described him as the “man of the people”.