The Role of the Church in Our Justice System By Ose Golden O. Email: osegolden@yahoo In our present world, many people have been and are still being oppressed by the rich, the powerful and the influential, who take advantage of the vulnerability of the weak and poor. There are countless instances of discrimination against women, children and other vulnerable groups in a society where many think that it is a man’s world. Women and children who are supposedly less powerful are molested on daily basis by people who have some form of influence, strength or power. To this end, to get justice against the powerful ones in our society has become very difficult and almost impossible. What many who are less privileged get at the end of the day from our courts is simply judgment and not justice. This is against God’s will for any individual or state. Irrespective of one’s status, God wants all men to be treated equally without bias or partiality. In handling the affairs of men in the face of crisis, conflict or dispute, He wants us to use a just measure. A situation where a rich man who commits a more grievous offence that a poor man, is made to walk out of the courtroom smiling while the poor man finds himself in jail, does not reflect the mind of God. A situation where a man who steals billions of naira from the sweat of those who have spent their lives for the interest of the nation is made to pay a paltry sum as fine instead of spending the rest of his life in jail, while a man who steals a goat is made to spend two years in prison reflects an imbalance in the justice system. Simply put, this is injustice in the justice system, which in utmost faith, cannot receive God’s endorsement. God wants the same standard for everyone because He is no respecter of persons. He wants those who are oppressed to be delivered. He wants those who suffer wrong to be avenged of the wrong. He wants those who are held as captives without a just cause, to be set free. He wants slaves to be freemen. In other words, God wants human society to embrace the concept of justice without bias, which helps to make society a better place. Even Christ’s mission statement in summary was to ensure justice (The Spirit of the Lord is upon me, because he hath anointed me to preach the gospel to the poor; he hath sent me to heal the brokenhearted, to preach deliverance to the captives, and recovering of sight to the blind, to set at liberty them that are bruised. Luke 4:18). He has also mandated us to ensure justice in our daily transactions in the society in which we live. According to James 3:18 our righteousness as a church is doubtful, without the vision to promote peace between ourselves and others. As a church, we can become mediators or arbitrators, helping people settle their scores. The church as an organization can help resolve conflicts between people or groups who disagree with each other. By so doing, acrimony, envy, oppression, strife or hatred would be checked. It would promote love and affection as well as peace and harmony between individuals and groups thereby paving way for development. The quest for gender balance in our national life has been a subject of agitation for many years with very minimal visible result though Nigeria is a signatory to international treaties on women issues and the United Nations’ Convention for the Elimination of all Forms of Discrimination against Women (1979). Despite being signatory to these treaties and having ratified same at the domestic front, there are still mind-bugging issues bothering on discrimination against women. In our homes, religious institutions, offices and public places, the rights of women are being violated on daily basis and yet the government seems to have adopted a foot-dragging approach to curbing these issues. In India, South Africa and Nigeria, cases of rape have taken a new and worrisome dimension. The effect of these social molestations against women leave behind a traumatic and psychological damage which everyone must work towards to prevent its occurrence by conscious engagement of stakeholders on the need to respect the rights of everyone irrespective of their gender compositions. To this end, the church should help balance the status of men and women as well as other groups in our society, so that people will see no need to discriminate against themselves on the basis of gender among others but to respect themselves. The church can also help in the economic, political and social empowerment of women to build their capacity through mentoring and training as well as grant of micro credits and necessary support, which would assist women to compete favourably with their male counterpart. It should enhance women participation in decision making processes both within the church and outside the church. On the issue of justice, a visit to our various courts in Nigeria, whether at the state level or federal level, will reveal endless list of litigants either seeking justice over violations of their rights or defending allegations levied against them. The situation is quite worrisome where cases are adjourned frustratingly and enormous amount which would have been spent on meaningful ventures are wasted in the course of litigations. Even where the matters have been decided, parties leave the court room with bitterness in their hearts towards one another. Should the church assume responsibility to settle individual and communal scores, our regular courts would have fewer matters before them. It is even appalling that Christians (maybe of different denominations) go to court against one another or a particular denomination against another where there is even no guarantee that some of those who sit as judges in our regular courts would grant justice. To deliver judgment does not automatically translate to justice. A lot of innocent people have been convicted and sentenced because our justice system is not absolutely flawless. A lot of accused persons, who otherwise would have been convicted, have been discharged and acquitted. Many applications have been rejected on grounds of technicalities. There are scandalous instances of judges taking bribe to truncate justice. Accusations and counter accusations have adorned the pages of newspapers over the integrity of some judges. All of these buttress the fact that there is no guarantee that one would get justice in the temple of justice where certain indices have not been put right. Against this background, there is need for a drastic judicial reform by the government. It must be noted that justice is guaranteed by the impeccable character of the judges and compliance with the provisions of the law where such laws would promote justice and not serve some sentimental interest. Knowledge of the law or the manipulative expertise of lawyers does not guarantee justice. To get judgment in one’s favour is not an indication that justice has been dispensed. To win a matter in court is not an indication or clear proof that one was right. The issue of being right, rest with the individual’s conscience on the basis of one’s knowledge, belief or religion which he subscribes to. In view of this, adjudication may also, be premised on what one believes or subscribes to. It is not just enough to judge him on the basis of the law of the place in which he lives, or is a citizen but on the basis of the principles of the religion to which he subscribes. In this wise, even his conscience is a better judge and that would make society, a better place for all. In 1 Corinthians 6:1-2, it is succinctly clear that it is against the tenets of what the church subscribes to, that Christians have matters in the regular courts before infidels. In that passage of scriptures, Apostle Paul wrote ‘Dare any of you, having a matter against another, go to law before the unjust, and not before the saints? Do ye not know that the saints shall judge the world? And if the world shall be judged by you, are ye unworthy to judge the smallest matters?’ In line with Paul’s charge that the church should settle scores between fellow Christians, it is rare to see any formal institution set up by and for the church to settle disputes. There is no law against the establishment of a mediating or arbitrating organization by the church. Where such organizations are set up, Christian lawyers may be appointed by the church council to handle the administrative process. To this end, it is appropriate that the church should get involve in the adjudication process to decide matters between Christians and Christian denominations. If customary matters are decided at the customary courts in line with the custom of the people and those who are Moslems are judged in accordance with Islamic laws or sharia, it would be appropriate to have a Christian mechanism to that effect. The gains of having such mechanism where matters affecting Christians would be handled by Christian clerics knowledgeable in Christian principles and law cannot be undermined. In establishing such institutions or organisations, the guiding principle would be to advocate forgiveness and reconciliation and not to hang culprits. This will promote peace and foster oneness in society. It will pave way for harmonious living and help reduce incidences of crime occasioned by bitterness and resentment, such as murder. Well, even if the legislative or executive arms of government will not subscribe to the ideology of establishing a church court, the church on its own, can set up an internal reconciliation mechanism to look into or adjudicate on matters affecting individuals or denominations that subscribe to Christian principles and ethics. To a large extent, this practice if adopted would help the propagation of the gospel of Christ because even those who are not Christians may apply to the church that they want their matters tried or looked into by those who advocate for equity and justice and are seen to be practicing it. It will also remove the reproach that would have been birthed by Christian litigants thronging the regular courts to have their matters tried before unbelievers who are the targets or proposed recipients of the gospel of peace. What an irony it has amounted to, that conflict-bound people are made to resolve issues that affect peace proponents. Today, there are uncountable instances of contentious issues between Christians and non-Christians, Christians and Christians and between one denomination of the church and another before our regular courts. It is indeed sad and appalling that Christians come before unbelieving judges instead of reconciling issues beforehand. Such practice is against the principle of forgiveness as taught by Jesus and his disciples. Whether we are offended or have offended someone else, it is advisable that as Christians, we make for and promote peace by forgiveness and reconciliation. The church has a duty to ensure that society has less conflict, by advocating for peace between individuals, groups or communities. That responsibility is a component of Christ’s mandate. It is a pivotal aspect of His gospel. It is the major assignment of the church here on earth, to ensure peace between God and man and also, among men.
Posted on: Thu, 06 Nov 2014 19:53:44 +0000
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