JUSTICE IS NOT A ONE-WAY TRAFFIC BUT A FOUR-WAY TRAFFIC – Banji Alabi
…….Let’s embrace the rule of law and avoid all acts that are
repugnant to the rule of law, natural justice, and good conscience………
In Josiah v. State [1985] 1 NWLR (Pt. 1) 125, Justice Oputa recalled (p.
96 OFH) that “justice is not a one-way traffic. It is not justice for
the appellant only. Justice is not even only a two-way traffic. It is
really a three-way traffic:
(1) justice for the appellant accused of
the heinous crime of murder;
(2) justice for the victim, the murdered
man, the deceased, ‘whose blood is crying out to heaven for
vengeance’;
and (3) finally, justice for society at large – the
society whose social norms and values have been desecrated and broken
by the criminal act complained of.”
I remember my meeting with His Lordship at Abuja during his lifetime,
and I said to my Lord, “Justice is actually a four (4) way traffic,”
namely:
(1) justice for the appellant accused of the heinous crime of
murder;
(2) justice for the victim, the murdered man, the deceased,
‘whose blood is crying out to heaven for vengeance’;
(3) justice for
society at large – the society whose social norms and values have been
desecrated and broken by the criminal act complained of.
AND (4)
Justice as a fulfillment of the divine will of God Almighty, the
creator of the world and everything therein, including the deceased.
His Lordship agreed with my submission.
Today, I would like to address the Leadership Team of our Sunshine
State – The Executives, The Legislators, and the Judiciary – THAT THE
PEOPLE OF ONDO STATE NEED JUSTICE, they need good governance. They
need peace.
Let’s embrace the rule of law and avoid all acts that are
repugnant to the rule of law, natural justice, and good conscience.
Never react to what you heard from one party; hear the other side
(Fairplay). And, before you react or speak, let your words conform to
the Rotary 4-way test:
4-Way Test of the things we think, say, or do: (1) Is it the TRUTH?
(2) Is it FAIR to all concerned? (3) Will it build GOODWILL and a
BETTER SOCIETY?
(4) Will it be BENEFICIAL to all concerned?
To Our leaders of Ondo State, I encourage you today to “hear the other
side”; it is the fair thing to do. “
The rule of law has been part and
parcel of our African culture.
In our villages and communities, we all
know that once a person makes a report to an elder, the latter does
not allow punishment to be meted out until the other party to the
dispute has stated his own side of the case; it is trite law that
leaders hear the other side:
The principle of fair hearing is based on
two rules of natural justice; (1) Nemo Judex In Causa Sua (No one
should be a judge in his own case) and (2) Audi Alterem Partem (A
party should not be condemned unheard).
Even God Almighty in His
infinite mercy did not condemn Adam until he was given the opportunity
to defend himself
Please see Genesis 3:9):
“But the Lord God called to the man, “Adam, Adam, Adam, where are you?
Why have you eaten from the tree I commanded you not to eat?”
It was
after Adam provided explanations that the Lord proceeded to pronounce
judgment on Adam.
This was the foundation of the fundamental principle
of law. “ Audi alteram partem (or audiatur et altera pars) is a Latin phrase
meaning “listen to the other side,” or “let the other side be heard as
well.”
It is the principle that no person should be judged without a
fair hearing in which case, each party is given the opportunity to respond
to the evidence against them.
WARNING: Power may be sweet, but because of the painful hangover from
losing it, it is not worth acquiring by hook or crook method :
(1) It is not
worth acquiring with your blood or (2) with the blood of any Ondo
State citizen.
Ondo State people need peace. We need development , we need good government.
I call on our leadership team, the Executive, the legislators, and the
judiciary not to allow itself to be used to subvert democracy, good
governance, and the rule of law.
I call on all citizens of Ondo State – Do not be complicit with your
silence: SPEAK OUT NOW.
Remember the poem attributed to the prominent German pastor Martin
Niemöller.
- First they came for the socialists, and I did not speak
out—because I was not a socialist. -
Then they came for the trade
unionists, and I did not speak out—because I was not a trade unionist. -
Then they came for the Jews, and I did not speak out—because I was not
a Jew. -
Then they came for me—and there was no one left to speak for me.
I encourage you – Stand up and be counted on the side of democracy, good government,
and the rule of law.
I congratulate every citizen of Ondo State and wish you a happy
independence celebration.
I am confident that these situations of
discouragement shall pass away. Eventually, as
history has shown, the people of Ondo State would become more enlightened and key
into the change process. As they become more enlightened, optimistic,
and aware of their fundamental rights to the opportunities, wealth,
and resources that nature has abundantly blessed them with, they will
not only participate more enthusiastically and passionately in the
change process but will vigorously fight for their God-given rights to
luxury living, thinking outside the box, right visions, and the
‘know-how’ to bring them what they truly deserve: life, liberty,
luxury living, and the opportunities to be the best they could be!
PEACE BE STILL,
Banji Alabi, Esq
