Keynote Address: The Scale of Justice: Balancing Equity and Efficiency in a Complex World by Hon. Justice Elebute Aanuoluwapo

BEING A KEYNOTE ADDRESS PRESENTED BY HON. JUSTICE E. P. AANUOLUWAPO AT THE STUDENT JUDICIAL SUMMIT 2024 OF THE ADEKUNLE AJASIN UNIVERSITY, AKUNGBA AKOKO STUDENT JUDICIAL COUNCIL

INTRODUCTION

Ladies and Gentlemen,

Thank you for joining us today to discuss a critical topic: “The Scale of Justice: Balancing Equity and Efficiency in a Complex World.”

In a complex world that is interconnected and multifaceted, there is a requirement for us to balance two vital principles: equity and efficiency.

Equity is about fairness, ensuring everyone has equal opportunities, regardless of their background. Efficiency, on the other hand, focuses on optimizing resources to achieve the best outcomes, fostering economic growth and prosperity. However, these principles often seem at odds.

Measures to promote equity, such as progressive taxation can appear to hinder economic efficiency. Conversely, policies aimed at maximizing efficiency, like deregulation, can widen the gap between the rich and poor.
Striking a balance is therefore sacrosanct. We need economic policies that promote development while ensuring the benefits are shared across all factions. However, achieving this isn’t a straightforward task as it involves an agreement between equity which seeks impartially and efficiency which aims for due diligence for productivity in the administration of Justice.

WHAT IS JUSTICE ALL ABOUT?

In her exquisite story “To Kill A Mockingbird”, Harper Lee looks at justice through the eyes of a child living in a small town where segregation, discrimination and poverty are the norm. The child is vulnerable, however in his courageous commitment to justice, when a lynch mob arrives to take his client, a black man falsely accused of rape, he stands appealingly in the circle of men and pleads for their kindness – a vehicle of Justice. So, the mob disperses, the story continues to its climatic conclusion where justice is defeated in a way that is most unexpected.
This is a typical example of how the world’s justice is, currently.

What is meant by Justice?

When Justice is spoken about, it is spoken as regards people being treated impartially, fairly, properly and reasonably by the arbiters of the Law. The law is about ensuring that where harm is alleged, a remedial action is taken. By this, we mean that both the accuser and the accused are duly given fair share of what they deserve.

To an accuser, Justice is getting what he rightly deserves from the court. Getting due punishment when a criminal is sentenced for a crime. To the accused, however, justice means fairness. A fair hearing, a fair sentencing that punishes not too harshly and offers hope.
To a judge, Justice is the application of the rule of Law without fear of favour, affection or ill-will.

Justice, in it’s truest form, is the bedrock of any thriving society. It ensures that all individuals, regardless of their background or circumstances, have the opportunity to live in dignity and pursue their aspirations.

However, achieving Justice is not an easy feat. It involves a delicate balance between equity, which seeks fairness and impartiality, and efficiency, which aims for effectiveness and productivity in the administration of Justice.

EQUITY AND EFFICIENCY; THEIR ESSENCE IN THE WORLD

Equity is fairness, ensuring everyone has equal opportunities. It considers individuals’ circumstances to understand what resources they need. Equity is a tool in the Justice system that is needed to solve problems that occur as a result of the social systems that are not balanced. It is the foundation for a just and fair society.

Equity in Justice necessitates that we treat everyone fairly and provide equal access to opportunities and resources. This is complicated by the social disparities, systemic biases, among others.
Our Justice system must strive to level this inequality by acknowledging that they exist and then work towards ensuring inclusivity and a proactive approach to dismantling the barriers that cause marginalization.

When we speak as regards equity in Justice, it also demands that we listen to the voices of those that have been historically, or by the reason of social stratification been ignored or silenced. Policies and practices must be made to actively see to the unique needs of diverse communities. Community engagements, inclusive policies, etc. can also be made to remedy this imbalance.

The Justice system of the country, with the current state of decadence, degradation, complexities, and our world, increasingly interconnected and multifaceted, demands a nuanced understanding and implementation.

It must be understood that if Justice will be ensured, then following the law stricto senso, ensuring effective, timely, and fair outcomes without unnecessary delays, at all times, will only undermine the essence of equity, and sometimes bring about stagnancy in the progress the Justice system seeks to achieve.

Efficiency, on the other hand, as stated above, deals with fostering a culture of continuous improvement within our Justice institutions. An efficient justice system is critical for maintaining public trust and confidence. It reduces the backlog of cases, minimizes procedural complexities and ensures that justice is not only done, but done promptly.

This does not however mean sacrificing thoroughness for speed as justice rushed is justice crushed. It means streamlining processes. This ensures that the Justice system is agile and responsive to the needs of the society they serve.

BALANCING EQUITY AND EFFICIENCY

The world is in a state of imbalance. We see a lot of social vices and degradation. Today, newspaper headlines are dominated by the decline in our civilization. There is a collapse of moral standards. This calls for a great need to balance fairness to necessary parties in court, as well as ensuring effectiveness of Justice.
Justice is not all about putting the bad guys away, it’s also about ensuring a justice system that is inclusive, a justice system that looks into how both parties can be duly served, while ensuring that fair outcomes are brought to bear.

The real problem lies in balancing these two imperatives – equity and efficiency. Too often, efforts to enhance efficiency can in the end undermine equity, and vice versa. For instance, expedited legal processes might overlook the nuances of individual cases, leading to unjust outcomes. Likewise, an overemphasis on equity might result in protracted or lengthened procedures that delay justice.

In striking this balance, some ways need to be considered, such as:

1. Innovative Policies: the legislature, by way of legislation as well as the judiciary by way or rules of court, should work towards developing policies that are both fair and effective in order to bring a balance. For instance, the process of sending all your briefs, list of witnesses and all necessary documents to the court before the date of the hearing is a process that’ll bring about timely hearing of cases, and when the court has ample time to peruse a case with less work to do, equity and efficiency will definitely be ensured.
2. Judicial training: Equipping the judiciary with the skills and knowledge required to navigate through the complexities of modern justice, including cultural competency and leveraging technological advancements. Conferences, and others should be organized for judiciary enthusiasts, judges and persons associated with the Justice system. Such is this Judicial summit that is being held today.
3.  Technological Integration: technology should be utilized to streamline the legal processes while ensuring that it enhances rather than diminish access to justice.
   For instance, electronic means of filing petitions should be inculcated in the Justice system. This is one of the things included in the SJC AAUA Rules of Court. Electronic means of getting witnesses’ statements, cross-examination and the likes also should be ensured. All these will ensure that the court focuses on what matters rather than trivial matters as in the maxim “De minimis non curat lex”, and hence, be able to balance equity with efficiency.
4. Accountability and Transparency: the court should strive to implement robust mechanisms for accountability and transparency to maintain public trust in the Justice system. These days, the masses seem to not trust the court system again. This is due to a vast number of reasons, such as it’s loss of enforcement mechanism, unnecessary delays, which all boil down to the efficiency of the Judicial system. This lack of effectiveness will in no small measures affect the ability of the Court to achieve equity. The court needs to work towards revitalizing it’s public image. When the Justice system is accountable and transparent, it greatly aids the attainment of equity and efficiency.

CONCLUSION

We must create an environment that encourages innovation and productivity, leveraging justice to enhance both equity and efficiency.

As we navigate this complex world, it is imperative to ensure that our policies reflect both equity and efficiency.

By doing this, we can create a society where everyone has the opportunity to thrive, and where justice is truly served.

I appreciate you for your rapt attention and I look forward to an enlightening time with you.

Thank you!