UNIT 2

THE RELATION OF LAW TO JUSTICE

Justice is a fundamental principle in any legal system, embodying fairness, equality, and moral rightness. The relation of law to justice is foundational, as laws are designed to promote justice within society. This relationship is multifaceted and includes procedural, substantive, and distributive justice. The relationship includes the following;

1. Procedural Justice which refers to the fairness in the processes that resolve disputes and allocate resources. In Nigeria, procedural justice is enshrined in the Constitution, specifically in section 36 of the 1999 Constitution (as amended), which guarantees the right to a fair hearing. See the case of A.G. Abia State v. A.G. Federation (2002) 6 NWLR (Pt.763) 264, which emphasized the importance of fair trial processes.
2. Substantive Justice which concerns the fairness of laws themselves and their application. This ensures that laws do not discriminate and that they are applied equally to all individuals. See the case of F.R.N v. Ifegwu (2003) 15 NWLR (Pt. 842) 113, where the Supreme Court held that justice demands that no person should be punished under an ex post facto law.
3. Distributive Justice which involves the equitable allocation of resources and opportunities among members of society. It is reflected in various laws and policies aimed at reducing inequalities and ensuring equitable distribution of wealth, such as the National Minimum Wage Act.

THE RELATION OF LAW TO MORALITY

Morality refers to the principles concerning the distinction between right and wrong or good and bad behavior. The relationship between law and morality is intricate, as laws often reflect the moral values of a society. However, not all moral principles are codified into law, and not all laws are necessarily moral. In Nigeria, laws are influenced by moral principles derived from cultural, religious, and philosophical traditions. See the prohibition of theft and murder in the Criminal Code Act (See sections 383 and 316, respectively) which aligns with the moral consensus that such acts are wrong. However, there are instances where law and morality may diverge. For example, certain traditional practices considered morally acceptable in some communities may be outlawed to protect human rights. See the case of Mojekwu v. Mojekwu (1997) 7 NWLR (Pt. 512) 283, where the Court of Appeal invalidated the "Oli-ekpe" custom that discriminated against women in inheritance matters, highlighting the tension between customary law and contemporary moral standards.

THE RELATION OF LAW TO RELIGION

Religion significantly influences the legal systems of many societies, including Nigeria, where laws often reflect religious principles, particularly in personal and family law. Nigeria’s legal system incorporates elements of Islamic law, customary law, and statutory law, reflecting the religious diversity of the country. Islamic law, or Sharia, is applied in the northern states of Nigeria in matters of personal status, family law, and criminal law. This is evident in cases adjudicated by Sharia courts, such as Amina Lawal v. The State (2003) 5 NWLR (Pt. 795) 272, where Sharia principles were applied in a criminal case. Christianity and indigenous religious practices also influence customary laws in various regions. For instance, customary marriage practices and inheritance laws often reflect religious beliefs. However, conflicts sometimes arise between religious laws and statutory laws, necessitating judicial intervention to balance these interests.

LAW AND SOCIAL CHANGE

Law is both a product and a driver of social change. As societies evolve, laws must adapt to reflect new social norms, values, and technological advancements. Conversely, laws can also catalyze social change by promoting new behaviors and addressing societal issues. In Nigeria, laws have been instrumental in driving social change in various areas, including gender equality, human rights, and economic development. See the Violence Against Persons (Prohibition) Act, 2015 (VAPP) which addresses issues such as domestic violence, harmful traditional practices, and sexual violence, reflecting evolving societal attitudes towards gender-based violence and the case of Attorney General of the Federation v. Abubakar (2007) 10 NWLR (Pt. 1041) 1 where the Supreme Court upheld the constitutionality of the Economic and Financial Crimes Commission (EFCC), reinforcing the fight against corruption and promoting accountability in governance.

ETHICS

Ethics refers to the moral principles that govern a person's behavior or the conducting of an activity. In the context of law, legal ethics govern the conduct of legal practitioners, ensuring they uphold the integrity of the legal profession and the justice system. See the Rules of Professional Conduct for Legal Practitioners, 2007 (RPC) in Nigeria which outlines the ethical standards expected of lawyers, including duties to the court, clients, and the public. Breaches of these ethical standards can lead to disciplinary actions by the Legal Practitioners Disciplinary Committee (LPDC) and the case of N.B.A v. Nemi (1998) 12 NWLR (Pt. 577) 592, where a lawyer was sanctioned for professional misconduct. This underscores the importance of ethics in maintaining public confidence in the legal system. Ethics also play a crucial role in legislative and judicial decision-making, guiding lawmakers and judges in creating and interpreting laws that reflect societal values and promote justice.

CONCLUSION

The relationship of law to justice, morality, religion, social change, and ethics in Nigeria is complex and multifaceted. Laws are influenced by moral and religious values, drive social change, and are underpinned by ethical principles. Nigerian case law and statutes illustrate these relationships, highlighting the dynamic and evolving nature of the legal system.