Mrs. Oyinkansola Badejo-Okusanya, SAN, FCIArb, has raised serious concerns over the growing prevalence of conflicting judgments in Nigeria, describing the development as one of the gravest institutional threats confronting justice delivery and public confidence in the judiciary.
Mrs. Badejo-Okusanya made the remarks while delivering a paper titled “Justice Delivery and the Prevalence of Conflicting Judgments in Nigeria: Historical Evolution, Causes, Consequences and the Imperative for Reform” at the NBA Anaocha Branch Law Week.
In her presentation, the Learned Silk traced the historical evolution of conflicting judgments from ordinary judicial divergence within the common law tradition to what she described as a disturbing pattern of contradictory orders, forum shopping, multiplicity of suits, and politically consequential judicial inconsistencies.
According to her, the real danger lies not merely in legal contradiction but in the erosion of public confidence in the judiciary as the final arbiter of constitutional order and the rule of law.
“The greater danger lies in the erosion of public confidence that we are witnessing in the judiciary as the final arbiter of constitutional order and the Rule of Law,” she stated.
Mrs. Badejo-Okusanya identified forum shopping as one of the major drivers of conflicting judgments in Nigeria, stressing that litigants often deliberately search for favourable jurisdictions, thereby creating multiplicity of actions and inconsistent judicial outcomes.
She further lamented the abuse of ex parte proceedings in political and electoral matters, noting that what was originally intended as an exceptional remedy for urgent situations has increasingly become an instrument of political warfare.
The Learned Silk also highlighted the absence of a fully integrated digital judicial infrastructure capable of detecting similar pending suits across jurisdictions, describing the situation as extraordinary in the digital age.
On the consequences of conflicting judgments, she warned that the trend has continued to weaken public trust in the judiciary, destabilise the rule of law, deepen political crises, and damage Nigeria’s international legal reputation.
As part of the proposed solutions, Mrs. Badejo-Okusanya advocated for:
- a national integrated judicial technology system;
- Stricter limitations on ex parte orders, especially in political matters;
- Specialised constitutional and political litigation panels;
- Stronger professional accountability for lawyers; and
- Continuous judicial education on ethics, electoral adjudication, and digital coordination.
She emphasized that the crisis of conflicting judgments is no longer merely a legal issue but an institutional challenge requiring urgent reform, technological modernization, procedural discipline, and renewed commitment by both the Bench and the Bar.
The Learned Silk concluded with a strong call for collective responsibility within the legal profession, urging lawyers and judges alike to protect the integrity of the justice system and restore confidence in the rule of law.
The imperative for reform is not optional. It is urgent. And we have a moral duty to be part of it,” she stated.
