How effective is the rule of law in nigeria pdf

Jul 26, 2014 for nigeria to excel economically, politically, infrastructurally, socially and to have a pretty good international face the problems associated or relating to the growth or effective operation of rule of law and constitutionalism in nigeria must be addressed. The rule of law is fundamental and prerequisite in a democratic system of government. Rule of law in nigeria akanbi journal of law, policy and. Africa, afghanistan, niger, nigeria commenting has been disabled. It encapsulates such ideals as government according to the law, equality before the law and the independence, and autonomy of the judiciary among others. Many fragile states suffer from incoherent legal systems. D honoris causa, con justice of the supreme court and professor of law lecture delivered at the 9 th justice idigbe memorial lecture, at the akin deko auditorium, university of benin, benin city, nigeria on 6 th august, 2008.

The rule of law is a liberty centred constitutional concept which stipulates that everything must be done in accordance with the law. Rule of law in nigeria akanbi journal of law, policy. Effective revenue mobilization and sustainable development in lagos state, nigeria doi. The westminster parliamentary system recognized the supremacy of law. The rule of law and anticorruption crusade in nigeria niki tobi, ll. An absence of justice and the rule of law both creates poverty and impedes poverty reduction and greater equality. The purpose of the workshop was to identify the challenges that confront african union au member states with respect to the rule. We have a problem with rule of law politics nigeria. Governments must acknowledge that the rule of law is effective regulatory machinery that brings order and good governance to any society. It empowers individuals with rights which cannot be easily takenaway. For much of human history, rulers and law were synonymous law was simply the will of the ruler. In 2015 citizens elected president muhammadu buhari of the all progressives congress party to a fouryear term in the first successful democratic.

The absence or violation of the rule of law transforms a society to a jungle where the survival of the fittest becomes the rule. Nigeria as a nation is presently being faced with numerous. Chief justice of nigeria, hereby make the following rules. Consequently, the law cannot possibly serve as an effective barrier to the governments abuse of power because power structures in society, not the law itself, determine the outcome of legal issues and problems. Promoting the rule of law through evaluation and performance. Rule of law fundamental for democracy, good governance in.

A global trust for rule of law council on foreign relations. It can, therefore, be concluded that leaders in nigeria have turned the rule of law to mere myth in the nigerian constitution. However, in 1966, the rule of law was forcibly replaced by the rule of force. Aug 08, 2007 for much of human history, rulers and law were synonymous law was simply the will of the ruler. Democracies went further by establishing the rule of law. Recommendations to the future government of zimbabwe to the chief justice to the office of the attorney general. Still, for billions of people around the world today, the rule of law exists on paper but not in practice. A first step away from such tyranny was the notion of rule by law, including the notion that even a ruler is under the law and should rule by virtue of legal means. Creating a unified and robust system of law is one of the biggest challenges these countries face. Pdf a conceptual analysis of the rule of law in nigeria.

The rule of law, a basic and dynamic legal concept, which formed the kernel of british democracy, was adopted in nigeria. It is known that the idea of arbitrariness arises when an exercise of executive power is not authorized. Alfred martins, said nottooyoungtorun law may not be effective if political godfather syndrome continued to exist in. The above is a classical case of what we have in nigeria. Democracy is the characteristics of democracy some local jurisdictions in the united states still practice a form of direct democracy, as in this town meeting in harwick. To aristotle, the rule of law is preferable to that of any individual, while bracton, writing in the th century. Corporate governance in nigeria1 nigerian law guru. Some law professors understandably disagree with a purely federal approach to understanding administrative law. The catholic archbishop of the metropolitan see of lagos, most rev. The british council was recently awarded a new eufunded contract to manage the rule of law and anticorruption rolac project in nigeria. This notion is in tandem with the assertion of the world justice project 2018 report on nigeria and concurs with the dwindling rate of the implementation of rule of law.

The rule of law and the nigerian experience nigerian government claims to be a democratic government under the rule of law. Whereas in developed countries, one single system exists and is effectively enforced, in fragile states multiple systems work sidebyside, each weakly enforced, and often operating in contradiction with each other. Understanding administrative law fourth edition by william f. Military rule, political regime in which the military as an organization holds a preponderance of power. The rule of law is expected to be the guiding principle of governance since it is the foundation of good governance. When the british government formally granted political independence to nigeria on october 1, 1960, the politicians, who took over the reins of government was welleducated, experienced, sophisticated and above all, very patriotic. Linking up the informal and formal systems to create a coherent hybrid is key. Africa and the colonial legacy sandra fullerton joireman 1 do particular types of legal institutions influence the effectiveness of the rule of law. Effective revenue mobilization and sustainable development in. The use of arbitrary power is an anathema to the rule of law. Introduction the meaning or content of the concept of the rule of law vary from place to place, and from earlier times. Recommendations to the future government of zimbabwe to.

Not surprisingly, increasing evidence points to the importance of accountable and effective justice institutions in creating the enabling environment for a range of development outcomes from improved basic service delivery to. In this writeup, you will learn one or two things about the rule of law in nigeria and what it is all about. Since assuming power on may 29 2015, nigerias president muhammadu buhari has shown a stunning disregard for the rule of law and human rights, ignoring judges on at least 40 occasions. Joireman final copy published in journal of modern african studies, 394, 2001. The rule of law, therefore, is supposed to promote equality under the law. Nigeria 2018 human rights report united states department. Group said to have a number of factions with differing aims, including imposing sharia law in all nigeria s 36 states.

This suggests that law must be unique, known and powerful well and above everyone living within the confines of the country. Now covering 128 countries and jurisdictions, the index relies on more than,000 household surveys and 4,000 legal practitioner and expert surveys to measure how the rule of law is experienced and perceived worldwide. Nigeria 2018 human rights report executive summary nigeria is a federal republic composed of 36 states and the federal capital territory fct. Senior lecturer, department of business law, faculty of law, university of ilorin, nigeria. The court shall constantly and conscientiously seek to give effect to the overriding objectives of these rules at every stage of human rights action, especially whenever it exercises any power given it by these rules or any other law and whenever it applies or interprets any. The rule of law was conceived as something that should map out the way and means of peaceful coexistence, progress and development of the society under a uniform rule guided system. Human rights, the state monopoly of power, the separation of powers and an independent, effective judiciary play a key role in this context. The role of the bar by yusuf ali san if the idea of the rule of law is understood in the above sense and upheld in that manner in nigeria, it will not be difficult for the nation to be an abode where peace will be in control. Apr 18, 20 the conclusion to be drawn from our discussion on the importance of the rule of law in bringing about democratic consolidation and good governance is that for the most part of her existence as an independent political entity, whether under military or civilian rule, nigeria is yet to condition herself to the practice of the rule of law as a. Majority rule and minority rights all democracies are systems in which citizens freely make political decisions by majority rule. In nigeria policy makers have realised that there are alternative, supplementary sources of information to promote the rule of law to those collected by the police, courts and prisons. Group said to have a number of factions with differing aims, including imposing sharia law in all nigerias 36 states. The law is supreme to both the government and the governed. Good governance is, among other things, participatory, transparent and accountable, effective and equitable, and it promotes the rule of law.

Jun 17, 2012 strengthening the rule of law in less developed countries is a major challenge. The rule of law in governance in nigeria nnamdi azikiwe. Our hands are tied erosion of the rule of law in zimbabwe i. By implication, the rule of law is critically important to mitigate against the use of arbitrary power. Most nigerians when their rights are infringed upon just raise their hands up in despair and say they will leave it to god. The late chief justice sir adetokunbo ademola told the african conference on the rule of law, in lagos in 1961, that the rule of law is not a western idea, nor is it linked up with any economic or social. For instance, the two presidential commissions on police reform and reform of criminal justice. Professor arthur bonfield of the university of iowa college of law believes that a proper study of the state administrative process would pay large dividends for both students and professors. The term military rule as used here is synonymous with military regime and refers to a subtype of authoritarian regime. Both the rulers and the ruled are equal before the law irrespective of the social status of anyone in the society. Critics of the rule of law, however, have noted that this system creates a ruling elite that has the power to manipulate through the law.

Jun 02, 2008 governments must acknowledge that the rule of law is effective regulatory machinery that brings order and good governance to any society. Besides, the bitter experience of asian financial crisis of the 1990s underscores the importance of effective corporate governance procedures to the survival of the macroeconomy. Issn 22243240 paper issn 22243259 onlinevol 3, 2012 rule of law in nigeria mohammed mustapha akanbi, ph. The term military rule as used here is synonymous with military regime and refers to a subtype of authoritarian regime for most of human history, attaching military to rule would have been redundant, because almost all political regimes in largescale societies of the premodern period. What are the factors that limit the application of rule of. Nigeria is presently grappling with the challenges of building a sustainable. No one should be unduly punished until he has gone through the due process of law, or normal trial in the ordinary court of law. In 2016 the government of kaduna made public the kaduna state judicial commissions nonbinding report, which found the na used excessive and disproportionate force during the 2015 altercations in which 348 imn members and one soldier died. The fouryear project, running from now until 2021, aims to enhance good governance in the country by contributing to strengthening the rule of law, curbing corruption and reducing impunity. Challenges to the rule of aw in africa 7 executive summary the workshop on challenges to the rule of law in africa took place on 12 april 2016 in pretoria, south africa. Since assuming power on may 29 2015, nigerias president muhammadu buhari has shown a stunning disregard for the rule of law. The mandate of unodc is to support the federal republic of nigeria in strengthening the rule of law and human security through advisory and capacity building activities, in line with the international treaties against drugs, crime and terrorism. Marriage act an act to make provisions for the celebration of marriages.

A whistleblower who provides information about any financial mismanagement or tip about any. Whistleblowing policy in nigeria is an anticorruption programme that encourages people to voluntarily disclose information about fraud, bribery, looted government funds, financial misconduct, government assets and any other form of corruption or theft to the nigerias federal ministry of finance. Nigeria imn and other civilians by nigerian army na forces in zaria, kaduna state. It has numerous benefits and advances freedom and growth of the people. Strengthening the rule of law, curbing corruption and. Rule of law, nigeria, military, democratic governance, constitution i. Nov 08, 2008 our hands are tied erosion of the rule of law in zimbabwe i. As we all know, rule of law is the bedrock of a better society, a key component of better leadership and also the fundamental ideal enshrined in every constitution. Short title this act may be cited as the marriage act. Effective leadership for good governance in nigeria. Pdf effective leadership for good governance in nigeria. Strengthening the rule of law in developing countries.

At the great ife alumni association 21st biennial convention lecture held at great oduduwa hall, oau ife, 23rd may, 2014 preamble the rule of law is not a mere adornment to development. This is a question that scholars have long answered with conjecture. The question to ask at this juncture is whether nigeria as a nation could be called a democratic nation, or in the alternative whether or not the doctrine of rule of law is in practice in nigeria. The experience in nigeria is to the contrary as successive administration in the country often violated the concept with carelessness and recklessness. Most often in nigeria, however, policies are well and brilliantly formulated but ineffectively implemented by the bureaucracy obodoechi, 2009. A strong and established regime of the rule of law will do more to advance nigerias ailing economy, win foreign investor confidence, strengthen political culture in nigeria and attract much needed investment into the critical sectors of the economy. The rule of law is the foundation for communities of opportunity and equityit is the predicate for the eradication of poverty, violence, corruption, pandemics, and other threats to civil society. Jun 23, 2018 the catholic archbishop of the metropolitan see of lagos, most rev. Effective revenue mobilization and sustainable development. For most of human history, attaching military to rule would have been. The conclusion to be drawn from our discussion on the importance of the rule of law in bringing about democratic consolidation and good governance is that for the most part of her existence as an independent political entity, whether under military or civilian rule, nigeria is yet to condition herself to the practice of the rule of law as a.