Why Public Perception of Justice Matters

Introduction

Public perception of justice is fundamental to the legitimacy of every legal system. The famous dictum in R v Sussex Justices, ex parte McCarthy (1924), that ‘justice should not only be done but should manifestly and undoubtedly be seen to be done’, underscores the importance of public perception. Justice is the foundation of every civilised society and an essential pillar of the rule of law. The administration of justice ensures the protection of rights, the resolution of disputes and the maintenance of social order. However, the effectiveness of any justice system depends not only on the fairness of its decisions but also on the confidence that the public reposes in it. A legal system that lacks public trust risks losing its legitimacy and authority. This underscores the importance of public perception in the administration of justice.

What Is Justice?

Justice refers to the fair, impartial and equitable treatment of individuals in accordance with the law. It requires that disputes be determined objectively and that every person be afforded an opportunity to be heard before an impartial tribunal.

Aristotle defined justice as the moral virtue that ensures people receive what they are due.

The constitutional guarantee of fair hearing is embedded in Section 36 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) https://nigeriarights.gov.ng/files/constitution.pdf. It demonstrates that justice is not merely concerned with outcomes but also with the fairness of the procedures through which those outcomes are reached.

Why Public Perception of Justice Matters

Public perception of justice is crucial because the authority of courts and other adjudicatory bodies largely depends on public confidence. Individuals are more likely to obey court orders and respect the rule of law when they believe that legal institutions are fair, transparent and impartial.

Public Confidence and Judicial Legitimacy

The importance of public confidence in the administration of justice was emphasised in Deduwa v. Okorodudu, where the Supreme Court reaffirmed the principle that justice must not only be done but must manifestly and undoubtedly be seen to be done. The case highlights the fact that the appearance of fairness is as important as fairness itself. Where proceedings create an impression of bias or partiality, public confidence in the justice system may be undermined even if the decision reached is legally correct.

Furthermore, public perception enhances the legitimacy of judicial decisions. Courts do not command obedience solely because they possess coercive powers. Rather, their authority is strengthened when the public believes in their integrity and impartiality. Consequently, transparency in judicial proceedings is essential. This is reflected in Section 36(3) of the Constitution, which provides that proceedings of courts and tribunals shall generally be held in public, thereby promoting openness and accountability.

The Role of Fair Hearing in the Administration of Justice

The significance of fair hearing and public confidence was further emphasised in Legal Practitioners Disciplinary Committee v. Fawehinmi, where the court stressed that the right to fair hearing is fundamental and that proceedings conducted in breach of that right are liable to be declared a nullity. This decision reinforces the principle that justice must be administered in a manner that inspires confidence and trust among members of the public.

Impact of Public Trust on the Rule of Law

In addition, positive public perception discourages self-help and promotes peaceful dispute resolution. Citizens who trust the justice system are more likely to seek redress through lawful channels rather than resorting to violence, intimidation or other unlawful means. Public confidence therefore contributes significantly to social stability and the preservation of the rule of law.

Conclusion

Public perception of justice is an indispensable component of an effective legal system. While justice requires fairness, impartiality and adherence to legal principles, it must also be perceived as such by the public. The constitutional guarantee of fair hearing under Section 36 of the Constitution, together with judicial authorities such as Deduwa v. Okorodudu and LPDC v. Fawehinmi, demonstrates the law’s recognition of the importance of public confidence in the administration of justice. Ultimately, a justice system that is trusted by the public is better positioned to uphold the rule of law, maintain social order and achieve its fundamental purpose.

References

R v Sussex Justices, ex parte McCarthy (1924).

Constitution of the Federal Republic of Nigeria 1999 (as amended), Section 36(1) and Section 36(3).

Deduwa v. Okorodudu (1976) 9–10 SC 329.

Legal Practitioners Disciplinary Committee v. Fawehinmi (1985) 2 NWLR (Pt. 7) 300.