Justice Munta Abimbola, the Chief Judge (CJ) of Oyo State, has explained why justice is sometime seems impossible in the Judicial system.
Justice Abimbola stated this while speaking on the topic “Absolute justice: Fact or fiction’ at the University of Ibadan Faculty of Law 2018 lecture at the weekend.
According to the Chief Judge, “a judge will strive to give justice according to the law and what evidence has been placed before the judge. Justice in our courts is not a legal fiction but according to law and from ages, it is admitted that judges do not give judgment to impress as actors do, they do not give judgment to persuade as advocates do or go into historical facts as historians do.
“It is justice according to law; upholding as much as they can the requirements of the legal process and administer impartially to the rich or poor, the strong or the weak without fear or favour. Justice according to the law which is simply a measure ofjustice the law affords and desire to attain, contextually, therefore, justice is not a fiction in law courts. Absolute justice is a mirage,’ he stated.
Justice Abimbola explained that a legal principle that has developed as a means of settling disputes, especially in common law legal system is the principle of reasonable person that requires that the adjudicator puts himself in the shoes of a reasonable person in deciding an issue in controversy, adding that this appears to provide the characteristics of the perfect adjudicator; possesses all the traits that accord with the concept of justice; fairness, reason, impartial, lack of bias and proper.
Justice Abimbola concluded that this could be gleaned in part of a judgment given by Justice Niki Tobi where he stated that the test of the reasonable man in Nigerian Courts is no more the man at the Clapham junction in London but one in anywhere in the Nigerian cities.
