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Justice Monica and the Rule of Natural Justice

 

For Plato, Justice is a virtue establishing rational order, with each part performing its appropriate role and not interfering with the proper functioning of other parts. Aristotle says justice consists in what is lawful and fair, with fairness involving equitable distributions and the correction of what is inequitable.  

For Kant, it is a virtue whereby we respect others’ freedom, autonomy, and dignity by not interfering with their voluntary actions, so long as those do not violate others’ rights; Mill said justice is a collective name for the most important social utilities, which are conducive to fostering and protecting human liberty.

Today, it’s fresh news that President Muhammed Buhari in his wisdom has sent the nomination of Justice Monica Dongban-Mensem to the senate for confirmation as President of the Court of Appeal via a vacuum created following the retirement of quintessential Jurist, Retired Justice Zainab Bulkachuwa this year 2020.

The Court of Appeal under Justice Monica has continued maintaining its independence and integrity which serves as a cornerstone to the rule of law and of a democratic state and has witnessed unprecedented achievements.

Even with Covid-19, she maintained that Court as the hope of common man cannot be close due to the pandemic because many people would suffer. She vehemently believed that delay in the administration of Justice is injustice itself. 

Though the late in the presidency to forward her name for senate for confirmation has caused much uproar in our dear nation today, and no one has come out with neither satanic nor unlawful allegation against the expected nomination.

One of the ancient philosophers, John Rawls analyzed justice in terms of maximum equal liberty regarding basic rights and duties for all members of society, with socio-economic inequalities requiring moral justification in terms of equal opportunity and beneficial results for all.

Succinctly, after 3 months of Presidency scrutiny and has any reason to nail her, then she is as clean as a new baby and deserves to be confirmed without any delay.

One of the universal accepted qualities of God Almighty is Justice, God in itself hates injustice. Irrespective of social or political permutation we must deviate from any gains of Injustice. After all, nothing last forever. Either we like it or not in the next 1000 years they would forget our existence.

Someone cannot be correcting wrong in society and the same fellow suffering injustice from the society she swore to protect. In fact, history will not forgive us. 

Her appointment in acting capacity does not come as a surprise to her by virtue of her last position as second in command to the immediate president, Justice Zaynab Bulkachuwa, in fact, the National Judicial Council after careful screening confidently nominated her to President Buhari simply because they believed she can pilot the affairs of the court in line with the best global standard.

For St. Augustine, the cardinal virtue of justice requires that we try to give all people their due; for Aquinas, justice is that rational mean between opposite sorts of injustice, involving proportional distributions and reciprocal transactions.

To common man, the name Monica may sound new in the administration of Justice, but to the disciples at the temple of Justice, Justice Monica is known for Justice, Equity and Fairness.

I believe the thought of the founding fathers that allow people to serve in an acting capacity is to see whether the person is fit and capable in brain and size to deliver on the mandate of the new office. For someone who had a rigid history of competency and astuteness and has never been found wanting should not be allowed to suffer before we do the needful. 

Without any fear or favour, we don’t need any soothsayer or masquerade to inform us that her journey to the bench is a testimony that must come to full fulfilment.

Abiodun Writes from Abuja.

 

 

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