When history teaches justice must be served

The Law profession and its begotten children are indeed peculiar and stand out as first among equal in the affairs of mankind in any part of the world. With total modesty I dare to submit that after God the Almighty, this profession and its branches is the only one robed with the power of life and death, not even the presidency or the governor of any state because the height of their power is pardoning a death convict.
   
In the eye and mind of God the Almighty by reason of wonder, the tongue which is one of the smallest human senses, tucked between the jealous teeth, is rated much higher than even the brain as the only one endowed with the power of life and death, power of creation and destructive. This rare capacity is not given to the long legs or long hands!

As lawyers, magistrates, judges and justices this is who we are, a peculiar people with the power of life and death, power to create and power to destroy!
 
As lawyers, judges, justices and other indispensable servants in the temple of justice-where life and death is dispensed with no alternative-have we truly come to the realisation of god-like possession in our calling? Have we come to the true realisation that our tongue, as the tongue of any nation, our declaration is peremptory, not even God could plead on behalf of those whose fate lie in our hands or even stop execution of such declarations!
 
Talking about the power of life and death, it must be fully appreciated that not all deaths come from killing or death pronouncement by a judicial officer. Some deaths from the judiciary occur gradually, not immediate.

An instance is where there is a judgment leading to the destruction or auctioning the property of a citizen arising from a miscarriage or denial of justice, especially if that property is the life oxygen of the affected citizen, obviously the death would be gradual and may extend to his/her dependants.
 
From another perspective, when for instance a judge courageously swept against all tides of pressure sometimes from government (example were many during military regimes) to free some sets of university undergraduates who for obvious reasons of legitimate criticism and actions, were rusticated and expelled and government wanted such decisions stamped by court but the court went ahead to reject the bid, definitely the court has restored life to such students.
   
This call is not limited to judicial officers, it is for every one of us in the temple of justice, including lawyers either as defendants or prosecutors. As lawyers we should allow human face and fear of God to reflect in our adjudications. For instance, the late Senior Advocate of the Masses, Chief Gani Fawehinmi SAN, set the record in this area. Our ultimate goal and focus as advocates in the judicial alter must be to guide judges to delivering justices full of the fruits of fairness, equality and fear of God, pecuniary gains must be relegated to the background.
   
To amplify this clarion call on all and sundry in the legal profession, I considered it a privilege to reproduce for our reminder two salient and imperishable words on the Marble by two uncommon titans in the legal profession, late Chief Obafemi Awolowo and late Justice Niki Tobi.
   
The unjust incarceration of late Chief Awolowo then Premier of Western Region by the government of Chief Nnamdi Azikwe and Alhaji Tafawa Balewa, a glaring case of justice miscarriage, his prophetic statement of what shall befall those who conspired to unlawfully jail him, what later befell them and Awolowo’s eventual release; is one of the pointers to the veracity of the salient assertion that justice may be delayed but cannot be denied.
 
Hear the late sage. “I believe I should not be in prison but here I am, the only Premier that ended up in prison for no reason. If we are confused about my innocence, let God be the Judge. If truly I did what they accused me of, I will not come out of this prison alive but if I am innocent, I will not spend my life here in prison, I will come out and as the Lord lives, I won’t meet any of those who conspired against me alive.”
This quote captures Awolowo’s defiance and conviction in the face of injustice.
 
Awofowo’s intuition proved prophetic. Upon his release after several years by the administration of Yakubu Gowon, those who conspired against him had been swept away in a coup. This sequence of events underscored his conviction that justice would prevail, even if delayed.
 
Also the timeless declaration of the famous British judge, Lord Mansfield in the resonating Somerset vs Stewart case (1772) which has become global words on the Marble instructvely worths recalling. In the landmark judgment Lord Mansfield declared, “Justice must be done even though heaven falls”. 
 
This powerful statement underscores the primacy of justice, emphasising that it must prevail, regardless of the consequences. When Lord Mansfield made the declaration, he set a timeless precedent. His words remind us that justice isn’t just a moral virtue but a fundamental pillar of society, worth upholding even when the stakes are high. Do not close the gate to justice. 

Alabi Esq. a Lagos based civil liberty lawyer, alternate chairman- Human Rights Committee- NBA – Eti- Osa is the national Chairman, Ondo State Eminent Group.

Join Our Channels
OSZAR »