Fixing Functional Justice in Courts’ Judgment During Sentencing: State V. Bolivia Osigbemhe and Ndewenu Posu V. The State as a Case Study

Posted: 5 Nov 2019

Date Written: July 8, 2018

Abstract

Before dealing with the issue of the Rules of Court, I would like to state that the phrase ‘interest of justice’ is not a carte blanche or licence for an unimpeded exercise of power, even against the Rules, in the guise of interest of justice. Justice as a concept is not easy to define despite postulates by great jurists from time immemorial even to Roscoe Pound who dwelt extensively on this concept. It is perhaps for the reason of the difficulty in an objective definition of justice that it has been considered safest to regard justice to be done once it is according to law; and law must necessarily include the procedure laid down for its attainment . To leave the attainment of justice at large, and ignore the rules is to establish a subjective course of action which could lead to judicial tyranny and the omnipotence of individual judges. Surely, such course will end in chaos and certainly not an attainment of interest of justice according to the law of the land.

Keywords: justice, sentence, rape

JEL Classification: k

Suggested Citation

Davidson, Edieya, Fixing Functional Justice in Courts’ Judgment During Sentencing: State V. Bolivia Osigbemhe and Ndewenu Posu V. The State as a Case Study (July 8, 2018). Available at SSRN: https://ssrn.com/abstract=3210367

Edieya Davidson (Contact Author)

Samuel Zibiri SAN & Co ( email )

Abuja
Nigeria

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