Justice on Trial: A Mirror into Society’s Silent Struggle.

ABSTRACT: 

Injustice, which is both blatant and subtle continues to scar societies across the world. From the  abduction of vulnerable children, the erosion of fundamental human rights and to the giving of  preference by the system to the affluent of the society-as against the poor, injustice has become a  haunting global reality and justice, a far-fetched dream for the rich. 

This article, explores justice not as an abstract concept but as a realistic experience which is  often delayed, distorted and even denied. It reflects moments when legal systems flattered and  society bore the cost in silence. Yet, amid the darkness, it highlights the enduring hope that fuels  advocacy, reform and the pursuit of equity. This is a call to experience justice – not as a privilege  but as a right owed to all. 

Keywords: Justice, Injustice, Equity. 

INTRODUCTION: 

The concept of justice is varied. There is the expected idea of what justice is meant to be and  then the stark contrast shown by how it is often administered in reality.  

The ideal legal definition of justice is the, ‘ethical and mental principle that all individuals should  be treated impartially, and reasonably under the law, with laws designed to prevent harm and  ensure that when harm occurs, appropriate and morally justified remedies are applied to both the  accuser and the accused’.1 

In reality however, Justice is often marked by delay, inequality and selective application thereby  making the pursuit of real, accessible Justice a continuous struggle. There are several factors  which contribute to the continuous pandemic of injustice and amongst these include: 

• Delay and Corruption: Justice systems, especially in places like Nigeria, face long delays,  bribery and political interference. The case may even drag on for years without  resolution.  
• Inequality before the Law: The wealthy and Powerful often have more access to Justice  through high quality legal representation, while the poor struggle with legal aid or lack of  representation altogether.  
• Selective Enforcement: Laws are not always enforced uniformly. Some people get  punished harshly for minor offenses, while others commit serious offenses and walk free  due to connections or influence.  
• Police Brutality and Abuse: law enforcement sometimes becomes a tool of oppression rather than Justice, especially when people are unlawfully detained tortured or profiled. • Weak Institutions: An effective justice system relies on strong, independent institution.  Where this is weak, Justice becomes unpredictable or inaccessible.  

The court is usually seen as the last hope of the common man, a place where they can find  remedy and accountability for the wrong they have suffered. However this is not always the case  because from time immemorial, the wealthy has regularly gotten away with wrongs committed  against the ‘have nots’.  

This situation has no limitation on jurisdiction as even America ‘the land of the free’,  occasionally punishes the poor. This is exemplarily seen through various acts like.2 

– Ridiculously high bail amounts which unfairly ties pre-trial freedom to wealth, causing  poor defendants to remain jailed while rich ones are released.  

– Private bail companies exploit detainees by charging non-refundable 10% fees and  pushing predatory debt agreements.  

– In many states, people lose their driver’s licenses if they can’t pay court‑ordered debts,  even for minor offenses—hindering their ability to commute, work and live.  

– Putting of minimum mandatory sentences at the highest point they can reach  disproportionately affects low-income individuals, especially those for “victimless”  crimes.  

– Some jurisdictions ban low‑cost housing to exclude poorer residents and reinforce  economic segregation.  

– Private probation systems enforce fees harshly, threatening imprisonment for those who  can’t pay.  

– Unpaid minor fines (e.g. for parking) lead to modern debtors’ prisons, penalizing people  for poverty.  

The last of these however, I do not agree with. 

In Nigeria also, Corruption runs through every level of the government. From contract frauds at  the top to petty bribery, money laundering schemes, embezzlement and seizing of salaries. It is  estimated that corruption within the state is on high-end and in extension an increase in injustice  to those who cannot afford the corruption dues.3 

DOCUMENTED FAILURES IN THE JUDICIAL SYSTEM: 

Overtime, there has been a plethora of cases highlighting the societies injustice system and these  include: 

Nigerian Cases Where Justice Was Not Achieved 

1. The State v Ken Saro-Wiwa and Others 4

Ken Saro-Wiwa and eight MOSOP members were executed by a military tribunal under  General Sani Abacha’s regime, despite lacking fair trial procedures and facing global  condemnation. The case highlights a major miscarriage of justice in Nigeria, exposing  how state power can suppress dissent and undermine judicial integrity. 

2. Abacha and Others v Fawehinmi 5

This case showed how difficult it was to seek justice during military rule. Even though  the Supreme Court tried to clarify the law around executive immunity, the harsh political  climate made it nearly impossible for victims to get real justice. Many who were detained  or mistreated were simply left without answers or remedies, proving how easily legal  protections can be swept aside when power goes unchecked. 

3. Dansuki V FRN6

Despite multiple court orders granting bail, the government detained Sambo Dasuki for  years, showing clear disregard for the rule of law and the authority of the judiciary – a  quiet but dangerous form of injustice. 

The Chibok girls abduction in 2014 is another exemplary situation of injustice. Although not a  legal case, this case showcased how Boko Haram kidnapped over 200 schoolgirls, exposing  Nigeria’s weak security and poor governance. The government’s slow and ineffective response,  along with ongoing lack of accountability, highlights deep injustice and neglect of vulnerable  communities. Many girls till this day remain missing, symbolising a troubling culture of  impunity.7 

International cases where justice was not achieved: 

1. The Prosecutor v Omar Hassan Ahmad Al-Bashir8

The ICC issued arrest warrants for Sudan’s President Omar Al-Bashir over genocide and  crimes against humanity, but he evaded arrest for years by traveling to countries that  refused to enforce the warrants. His freedom highlighted the challenges of international  justice when faced with state sovereignty and political interests. 

2. Wiwa and Others v Royal Dutch Petroleum Co9

The case against Shell over human rights abuses in the Niger Delta ended with a  settlement but no legal admission of guilt. This left affected communities feeling that  corporations often avoid real accountability for their actions. 

Other non-legal international cases where injustice prevailed include: 

• The Gaza Humanitarian Crisis (2023–2025)10

The prolonged conflict in Gaza has caused heavy civilian casualties and widespread  suffering. Despite the existence of undeniable evidence of terrible war crimes, political  power has blocked accountability, highlighting the failure of international systems to  protect innocent civilians during war. 

• The “Comfort Women” of World War II (1930s–1945; continuing legacy)11 During World War II, thousands of women across Asia were forced into sexual slavery by  the Japanese military as “comfort women.” Decades later, survivors still face denial,  inconsistent acknowledgment, and a lack of full legal reparations from Japan. Despite  global recognition and evidence, justice remains elusive, highlighting how politics often  obstruct accountability for wartime atrocities. 

CONCLUSION: 

Laws and legal systems are essential foundations for justice. However, these cases clearly show  that without political will and moral integrity, these laws and legal systems can be hubs for  injustice thereby making true fairness an elusive concept. 

To bridge this gap, there must be stronger enforcement mechanisms, increased transparency, and  genuine commitment from governments and institutions to uphold human rights. Empowering  civil society, promoting accountability, and ensuring independent judiciaries are vital steps  toward achieving justice that truly serves all people, not just the powerful. 

In essence all hands should be on deck to create a society where the legal definition of justice is  indeed achieved. 

Reference(S):

1Justice, Wex | US Law | Legal Information Institute*, Cornell Law School (June 2023)  https://www.law.cornell.edu/wex/justice accessed 27 October 2025

2Equal Justice Under Law, ‘8 Ways America’s Legal System Punishes People Who Are Poor’ (Equal Justice  Under Law, 2021) https://equaljusticeunderlaw.org/8-ways-our-legal-system-punishes-people-who-are-poor accessed 29 October 2025.

3 Corruption in Nigeria’, Wikipedia <https://en.wikipedia.org/wiki/Corruption_in_Nigeria accessed 27 October  2025 

4 The State v Ken Saro-Wiwa and Others (Civil Disturbances Special Tribunal, Nigeria, 1995).

5 General Sani Abacha and Others v Chief Gani Fawehinmi [2000] 6 NWLR (Pt 660) 228 (SC).

6 Col Mohammed Sambo Dasuki (Rtd) v Federal Republic of Nigeria (2018) LPELR-43969 (CA); see also  Mohammed Sambo Dasuki (Rtd) v Federal Republic of Nigeria ECW/CCJ/JUD/23/16 (ECOWAS CCJ, 4 Oct  2016). 

7 Amnesty International, Nigeria: “Bring Back Our Girls”: Missing Schoolgirls Devastate Families One Year On  (Amnesty International Report AFR 44/1237/2015, 2015). 

8 Prosecutor v Omar Hassan Ahmad Al-Bashir ICC-02/05-01/09 (International Criminal Court, 4 March 2009).

9 Wiwa and Others v Royal Dutch Petroleum Co No 96 Civ 8386 (S.D.N.Y. 2009).

10 United Nations Human Rights Council, ‘Report of the Independent International Commission of Inquiry on  the Occupied Palestinian Territory, including East Jerusalem, and Israel’ (A/HRC/56/77, 2024).

11 United Nations Human Rights Commission, Report on Systematic Rape, Sexual Slavery and Slavery-like  Practices during Armed Conflict (E/CN.4/Sub.2/1998/13, 1998).