Justice is the sole basis under which social contracts were held for the emergence of civil societies. Any time justice is converted to a medium of injustice, then the fabric of a society has started tearing. Laws are meant to protect both the strong and the weak. This implies that each has equal desert of justice. However when the strong begins to take undue advantage over the weak of the society because of an unjust or biased principle or doctrine of law, then it becomes difficult to justify that the law protects the weak. It then becomes a tool in the hands of the strong to exploit the weak. The ‘doctrine of completed act’ is one of such means of perpetuating official injustice against the weak of the society. It is argued here, that the doctrine of completed act is a subtle way of perpetuating injustice by giving the strong undue advantage over the weak. It creates more disequilibria and imbalance. It is further argued and advocated that if the justice system ceases to acknowledge and rely on the doctrine as a means of justice dispensation, it will begin to serve as a deterrence to forceful, fraudulent and coercive appropriation of properties of the weak. It is a doctrine adopted by the strong of the society to deal with the weak of the society. It is concluded that rectificatory justice should be applied as a solution to those who acted under the cover of the doctrine so it can serve as a deterrence to potential(land)trespassers and usurpers.
Written By
Bellarmine Nneji
bellarminechika@gmail.com
Department of Educational Foundations
Alvan Ikoku Federal University of Education
Owerri, Imo State.