ODSG Life Line to Akinwales
One of the cardinal objectives of the civil procedures rules in our legal system is to ensure orderly as well as expeditious means of enforcing claims in court and settlement of disputes among litigants.
The procedures are in addition designed to improve access to justice, reduce time and cost of litigation.
Regrettably, there are still obstacles at making our judicial system to function effectively due to the practice and abuse of the use of technicalities.
It is a common and negative practice among legal practitioners to latch on technical rules of court against the proper settlement of disputes. The abuse has been elevated to the level of absurdity and bastardisation of justice.
Instances abound where the courts have been compelled to rule in favour of technicalities than in substantial law thereby leading to delayed trials and outright denial of justice.
The recent legal suit instituted by a young lad, Master Paul Akinwale against Alhaji Ali Olanusi, erstwhile Deputy Governor of Ondo State, Ondo State Government and Attorney-General and Commissioner for Justice is a classical example of travesty of justice because of procedural rigidity.
In the instance case, an Akure High court threw out the suit instituted by Master Paul Adewale against the defendants for damages caused him by the death of his father, pregnant mother, sister and maid in an auto crash allegedly caused by them.
Before the case could be heard, the court declared it dead on arrival due to a statue of limitation cited by the defendants and was subsequently dismissed for lack of merit.
The statue of limitation which was designed to curb a deluge of litigation against public officers appears to be an iron cast defence aimed at fencing out those seeking justice from the temple of justice.
Without casting aspersion on the integrity of the Akure High Court which threw out Paul Adewale’s case, The Hope strongly believes that whatever can promote justice, human good, peace and progress without recourse to self help should not be sacrificed under legal rigidity or technicalities.
We enjoin lovers of justice to take heed from the judgement of Adio, Justice of the Supreme Court who opined that “technicality in the administration of justice shuts out justice. A man denied justice on any grounds grudges the administration of justice. It is therefore better to have a case heard and determined on merit than to leave the court with a shield of victory on mere technicality.”
It is on this wise counsel we commend Ondo State Governor, Arakunrin Oluwarotimi Akeredolu for his life line of a sum of N5million and full scholarship to the university to the young lad, Paul Adewale, the sole survivor of the accident which occurred on February 1, 2014 and claimed his entire family.
The extra magnanimity and compassion shown by Arakunrin Akeredolu is a reflection of his humanitarian kindness and deep conviction that conflicts can be resolved outside the technicalities of law. His ability to bring comfort outside the rigid legal system for Paul marks him out as a seasoned administrator and God fearing person.
His financial help is symbolic, because the administration whose principal figure was involved in the auto crash and subsequent litigation did nothing to assuage the trauma of the victim, but has deepened his wounds by hiding under a statue of limitation to seal their perfidy.
We also call for massive review of some of our procedural rules and laws to meet the exigency of national interests.
We advocate for substantive justice as opposed to rigid adherence of legal technicalities.
We hope other corporate and kind hearted individuals will give Paul a helping hand in his journey of fate.
