Court of law vs. court of conscience – TheNigerialawyer

By Emmanuel K. Adebiyi

SIR: Since Nigeria gained independence on October 1, 1960,
thousands of cases have been heard in the courts of law. Some cases
have been won on merit, some on legal technicalities and others on
bias and political prejudice.

In fact, several politicians and public servants have been tried
in the Court of Law and several of them still have their heads up,
shoulders high, flaunting their post-prison political powers, being
welcomed with much fanfare, gaining more political points and
getting more feathers to their caps even after being convicted or
still facing long trials in the court. Court, in a non-technical
way can simply be said to be a gathering where judgments are
made.

In the court of conscience, there are no physical lawyers. The
court is situated in the mind and it is production of thoughts. The
court of conscience includes the advocate of the plaintiff, the
advocate of the defendant and the judge being the mind (brain
action of thoughts) in use all existing as actions of the brain:
the mind. The masses must as a matter of urgency arise to the
clarion call of trying public servants and politicians in the court
of conscience.

However, before any public servant or politician can be tried,
there is need to firstly, in the words of Chief Olusegun Obasanjo,
“need for restructuring of the mind”. This will be done by first
examining ones’ past actions, future intentions, its consequences
and how it affects others in our community. Secondly, we should be
unbiased empires in examining the alleged politicians and public
servants in respective of our religious, social or ethnic
inclinations. Thirdly, try the public servants/politicians in the
court of conscience.

The trial of public servants in our respective court of
conscience should be based on the yardstick of ethical utilitarian
moral theory. Ethical utilitarian moral theory states that whatever
is good, should be any action which gives the greatest number of
joy to the higher number of people i.e. the masses in this context.
So, the yard-stick of assessment in the mind is premised on:
whatever action that gives/does-not-give joy and long term
pragmatic pleasure to the masses. Or whichever public servants
policies and administration brings/does not bring pragmatic joy
through execution of beneficial projects, implementation of
advantageous policies, formulation of positive laws/lawmaking and
fair adjudication, should be declared wanted and pronounced
convicted in the court of conscience.

Any sleazy politician found guilty in the court of conscience
should be jailed in the conscience and be denied opportunity to
hold any other public post.

The conviction of erring and suspected public servants in the
country by the masses in their various consciences will go a long
way to ensure wanted public servants and politicians are denied
access to public, political and non-political posts. It will also
stop vote buying, election malpractice, election violence and
blind-voting (Voting based on political sentiments).

I strongly believe that this is a major way we can eradicate
corruption in our society. It is also a right step of showing
patriotism.

Emmanuel K. Adebiyi, Lagos State Ministry of
Information & Strategy.

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