Justice Is Not a One-Way Traffic, It’s a Four-Way Traffic – Banji Alabi, Esq

Justice Is Not a One-Way Traffic, It’s a Four-Way Traffic – Banji Alabi, Esq

….Urges Lawyers to Uphold Rule of Law, Fair Hearing and Democracy….

 

JUSTICE IS NOT A ONE-WAY TRAFFIC

Leo Tolstoy, Russian writer and thinker (1828–1910) and author of _“A Confession”_, was famously quoted as saying that

_“Wrong does not cease to be wrong because the majority share in it.”

-In like manner, “wrong does not cease to be wrong because the strong say it is not; neither does right cease to be right because the weak lack the capacity to enforce it!”

WARNING

(1) Please don’t overestimate your own opinion. Listen to the other side. Practice inclusion.
Only companies that embrace diversity will continue to blossom. Those who overrate their personal opinions lose the opportunity to learn from others.

(2) DON’T ALLOW YOURSELF TO BE USED TO SUBVERT DEMOCRACY AND THE RULE OF LAW.

If you rejoice over injustice because it favours you, one day you shall cry for justice and it shall elude you.”_

(3) NOTE: JUSTICE IS NOT A ONE-WAY TRAFFIC BUT A FOUR-WAY TRAFFIC.

In Josiah v. State_ 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 in 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 all members of the Bar:
Let us 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. -Fair play._ 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?

The rule of law has been part and parcel of our Yoruba and 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 Alteram 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, 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 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.

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 the Bar, Bench, democracy, good government, and the rule of law.

I congratulate the president elect and every member of the Bar and the Bench

I am confident that these situations of discouragement shall pass away. Eventually, as history has shown,

THE TAKE AWAY

JUSTICE IS NOT A CONSOLATION PRIZE.

(1) It is not only those who contested and were not successful that need justice.

(2) The President-Elect needs justice.

(3) The Umpires need justice.

(4) The Bar needs justice.

(5) The Nation needs justice

Because when the process is poisoned, nobody wins.
Not the winner. Not the loser. Not the referee. Not the country.

A stolen mandate insults the victor.

A flawed election destroys the umpire’s credibility.

A compromised process breaks the Bar’s conscience.
And a wounded democracy bleeds the entire nation.

And so, let the aggrieved follow due process of law.

Let them file their appeals as provided by the Constitution.

Let us not destroy the edifice in anger, because tomorrow, we will all need shelter under it.

My Lords, Seniors and Colleagues,
When justice is denied, it does not choose sides. It abandons everyone

The one declared winner will sit on a throne of questions.

The umpire will wear a robe stained by suspicion.

The Bar will speak with a voice that trembles.
And the nation will walk with a limp.

But when justice speaks, it restores everyone
It legitimizes the leader.
It restores the umpire.
It uplifts the Bar.
It heals the nation.

Therefore, let us not beg for justice for one.
Let us demand justice for all

For the candidate.
For the President-Elect.
For the Umpires.
For the Bar.
For Nigeria.

Because justice is not a one-way traffic.
It is the oxygen of democracy.
It is a four-way traffic that carries an entire nation to peace.

Let that traffic flows freely for all,

Please remember JusticeIsNotOneWay traffic ; It is 4way

PEACE BE STILL.

I have Spoken :
Banji Alabi, Esq

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