Justice in Balance: The Judiciary’s Role in Life and Death Decisions
The judiciary holds a pivotal role in society, often described as the guardian of justice and the arbiter of disputes. The idea of justice in balance reflects the duality of judicial power, where decisions can either protect the innocent or destroy lives through wrongful convictions. However, the metaphor of the pen as both a tool that can save lives and one that can destroy them encapsulates the duality of judicial power. While judges have the authority to uphold justice and protect the innocent, there are instances where their decisions have led to grave miscarriages of justice, resulting in the wrongful conviction of individuals, some of whom have spent years—if not decades—on death row.
The Pen That Saves Lives
In an ideal scenario, justice in balance ensures fairness and compassion, allowing judges to prioritize rehabilitation and protect the rights of the innocent. Judges are tasked with interpreting the law fairly and impartially, ensuring that justice is served. When judges exercise their discretion with compassion and integrity, they can indeed save lives.
For example, in cases where mitigating circumstances are considered, judges may opt for rehabilitation over punishment, allowing individuals to reintegrate into society and contribute positively. Additionally, in cases where defendants have spent years behind bars without concrete evidence, such as reliance solely on confessional statements, judges may consider granting the defendant a second chance.
The Pen That Destroys Lives
Conversely, when justice in balance is disrupted, the consequences can be devastating, as seen in numerous wrongful convictions caused by inadequate representation and system biases. Wrongful convictions are a stark reminder of the fallibility of judicial systems worldwide. Factors contributing to these injustices include inadequate legal representation, prosecutorial and police misconduct, reliance on unreliable witness testimony, and systemic biases.
Case Studies of Misjudgment
1. The Case of Olusola Adepetu
• Background: Olusola Adepetu was wrongfully convicted of murder in Nigeria, a case that highlights severe flaws in the judicial process. He was accused of killing a man based on circumstantial evidence and public sentiment rather than concrete proof.
• Circumstances of Conviction: Adepetu’s conviction stemmed from public outcry and inadequate investigation. Witness testimonies were influenced by community bias and fear, while the trial lacked due process.
• Time on Death Row: Adepetu spent 22 years on death row in Kirikiri Maximum Security Prison, enduring overcrowding, violence, and inadequate healthcare.
• Appeals and Dissenting Judgment: A dissenting judgment from one Supreme Court justice noted the absence of a fair trial, which later became critical in securing his exoneration.
• Release and Aftermath: In 2016, after relentless advocacy by the Centre for Justice Mercy and Reconciliation, Adepetu was exonerated. However, he faced immense challenges rebuilding his life, with emotional scars and the social stigma affecting his family deeply.
2. The Exoneration of Olaniyi Emiola
• Background: Olaniyi Emiola was wrongfully convicted of armed robbery, highlighting the dangers of unreliable witness testimony.
• Circumstances of Arrest: Emiola’s neighbors accused him based on hearsay and mistaken identity, despite a lack of evidence.
• Trial and Conviction: Witnesses testified they saw Emiola at the scene of the crime. Even when the real perpetrator later confessed, Emiola was still convicted.
• Time on Death Row: Emiola spent 17 years on death row, facing the trauma of wrongful imprisonment. His family endured financial burdens and social stigma.
• Exoneration: In 2011, new evidence revealed the truth, leading to Emiola’s exoneration. While he regained his freedom, his life was irrevocably altered—his marriages dissolved, and his children grew up without their father.
3. The Case of Kareem Olatinwo and Others
• Background: Kareem Olatinwo, along with his son and two laborers, was wrongfully convicted of armed robbery. Land disputes played a significant role in influencing judicial outcomes.
• Circumstances of Arrest: Accused of robbing a property where they were victims, the prosecution relied on dubious witness testimonies and past records instead of direct evidence.
• Time in Prison: Olatinwo and his son were sentenced to death in 2001. Olatinwo’s health deteriorated, and he passed away in 2015, still in prison.
• Appeals and Release: After years of advocacy, the laborers were released in 2014, and Olatinwo’s son was freed in 2021. This case underscores the dangers of unreliable witness testimony and highlights the need for judicial reform.
Conclusion
These case studies expose the profound impact of wrongful convictions on individuals, families, and society. They underline the urgency of reforming the judicial system by providing better training for judges, improving legal representation for defendants, and implementing robust mechanisms to review convictions.
The stories of Olusola Adepetu, Olaniyi Emiola, and Kareem Olatinwo remind us of the human cost of judicial errors. Justice demands transparency, fairness, and a commitment to protecting the innocent—a principle that must guide every decision within the judiciary.
Achieving justice in balance requires systemic reform, better legal representation, and mechanisms to review convictions, ensuring the judiciary remains a pillar of fairness and accountability.
About the Centre for Justice Mercy and Reconciliation
The Centre for Justice Mercy and Reconciliation (CJMR) is a grassroots organization committed to advocating for victims of wrongful convictions and illegal detention in Nigeria’s custodial centers.
With a proven track record, CJMR provides legal assistance, raises awareness, and supports the reintegration of exonerated individuals into society. Through outreach, advocacy, and partnerships, the Centre strives to highlight judicial flaws and push for necessary reforms.
Visit www.cjmr.com.ng for more details about our work. For inquiries or partnerships, contact us at +2348030488093 or +2348025782527. Together, we can ensure justice and restore hope to those wronged by the system.
By Hezekiah Deboboye Olujobi
