FOUNDATION OF JUSTICE

GOD, THE SOURCE OF JUSTICE

SECTION 36(1) of the Constitution of the Federal Republic of Nigeria 1999 as amended states that "in the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a Court or other tribunal established by Law and Constituted in such manner as to secure its independence and impartiality. 

From this section the age long principle of natural justice of fair hearing is derived.

This is part of the pillars that support the concept of the rule of Law.

In our administration of justice we have two pillars that support fair hearing :-

1.  AUDI ALTERAM PARTEM RULE:- This is a Latin maxim that says that a party to any dispute must be heard before a decision can be given against him. 

2.   NEMO JUDEX IN CAUSA SUA :- Which means no one should be a Judge in his own cause. 

Any breach of these principle result in the nullity of the entire proceedings no matter how well conducted it may appear. 

A hearing/trial can only be said to be fair when all parties to the dispute are given a hearing or an opportunity of a hearing. 

These two pillars was copied from the principles laid down by God in Adam and Eve trial in the garden of Eden and Cain's trial after murdering his brother. 

God gave Adam and Eve a fair hearing in the garden. 

He did not condemn before hearing from them. 

He allowed them to defend themselves by stating their own side of the story. 

Serpent was punished for misleading them with his evil intention and misleading them with lies. 

Adam was punish for having an intention to eat and for eating the fruit. this is the principle of Law called the ACTUS REUS and MENS REA. God computed intention to eat the fruit to Adam that is why his blame on Eve did not exonerate him. He could not prove it was a mistake, or he was asleep or drunk or alibi (not being around) or an accident. As for Eve her intention and action to eat was complete and so God's punishment came on all.

As for Cain, the innocent blood cried to God for vengeance before God descended to try Cain. 

God also warned him before he committed the offence and after that God tried him by asking him a simply question " where is thy brother". His answer betrayed him and show total hatred of his brother. God passed this judgment on him and he appeal to God that his sentence is too harsh on him, that being a wanderer on earth people will kill him, so God place a mark on him to prevent him being killed as he wanders about.

That is why when people are convicted the Judge orders for allocutors in our court so that the Judge can mitigate  or reduce the punishment. 

In Our Testament God committed all advocacy and Judgement to Christ, to avoid being bias (that is being a Judge at his own course) while Satan is the prosecutor. That is why we adopted accusatorial legal system. 

The prosecutor accuses and proves their case beyond reasonable doubt. with these submission I think I have been able to convince you that our constitution pivot from the Holy Bible and must be treated with sacrosanct and the principles therein observed with fear and trembling by the courts or face God's wrath at the end of the day.