Understanding administrative law fourth edition by william f. Rule of law, nigeria, military, democratic governance, constitution i. The rule of law is defined in the oxford english dictionary as. 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 ruleguided system. Television and other agencies of the mass media shall at all times be free to uphold the.
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. Factors that can ensure the operation of the rule of law. The rule of law, therefore, is supposed to promote equality under the law. However, it is unfortunate that many nigerians despise the rule of law and treat it with total disregard, especially those at the helm of affairs in the country. Administrative appeals tribunal act 1975 australia. In this writeup, you will learn one or two things about the rule of law in nigeria and what it is all about. The constitution of nigeria is the supreme law of the country.
The rule of law and the nigeria politics project topics. Perspective of nigerias democratic system by yusuf o. Recommended citation ekhator, eghosa osa 2016 public regulation of the oil and gas industry in nigeria. For instance, the executive should not be allowed to appoint judges into the law courts. The american bar association rule of law initiative aba roli works alongside government and civil society partners to both strengthen government institutionswith a focus on the justice systemand reinforce peoples capacity to demand justice and accountability, two basic components of sustainable peace. The doctrine of rule of law, the meaning, origin, relevance, rule of law in a military government and democratic government, rule of law and human right, impediments to rule of law etc.
This suggests that law must be unique, known and powerful well and above everyone living within the confines of the country. For the laws made to govern the actions of government and people to work very well, it must have absolute supremacy or predominance over everybody in the country. Jan 26, 2020 center for laws of the federation of nigeria. The authority and influence of law in society, especially when viewed as a constraint on individual and institutional behavior. Mar 01, 2012 to be published as a chapter in florence workshop on the rule of law, edited by neil walker and gianluigi palombella, hart publishing company, forthcoming 2008. Nigeria public service rule is principally intended to update the rules, regulations, and procedures in the public service and bring them in line with the current trend in governance.
The scope of my research project or study is only limited to cover the rule of law and constitutionalism in nigeria. Djibouti, ethiopia, ghana, guinea, guinea bissau, lesotho, mali, malawi, mauritania, nigeria, niger. The rule of law is fundamental and prerequisite in a democratic system of government. Constitutional law and military rule in nigeria ibadan. Read all the latest news, breaking stories, top headlines, opinion, pictures and videos about rule of law from nigeria and the world on today. That judiciary is a necessary agency of the rule law. The article will then give a conclusion as to what the rule of law must. Finally, for the rule of law to triumph under a democratic government in nigeria, the three arms executive, legislature and judiciary must work paripassu. 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. Highlevel meeting on the rule of law at the national and. Nigeria is presently grappling with the challenges of building a sustainable. Students can better understand the importance of the rule of law in a democracy by investigating how it is valued and challenged in different countries around the world.
Nov 28, 2019 nigeria public service rule is principally intended to update the rules, regulations, and procedures in the public service and bring them in line with the current trend in governance. Pdf a conceptual analysis of the rule of law in nigeria. Companycommercialtax law intellectual property akanki, j. There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia law. Jun 02, 2008 the rule of law, a basic and dynamic legal concept, which formed the kernel of british democracy, was adopted in nigeria. It can, therefore, be concluded that leaders in nigeria have turned the rule of law to mere myth in the nigerian constitution. 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. Rule of law, legal positivism, executive lawlessness, democratic. Indeed, if one is to cite a single reason for the failure of the first and the only parliamentary system of government in nigeria what comes to mind is the non observance of the rule of law through the failure to conduct free and fair elections and the resultant dissent which was overtly manifested in the breakdown of law and order in the 1964. 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.
There is no doubt that the rule of law is unambiguously enshrined in the nigerian constitution. Today, the rule of law is comprised of an intricate ch ain of fundamental ideas, which include equality before the law. Group said to have a number of factions with differing aims, including imposing sharia law in all nigerias 36 states. 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. 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. It is therefore, safe to infer that the rule of law is supreme in nigeria, at least, in. Nigeria is a nation governed by laws and the rule of law is well enshrined in the 1999 constitution, however in practice, the rule of law in not without some challenges and problems. The rule of law is embedded in the nigerian constitution. According to the justice uwais led electoral reform committee free and fair. 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.
Democracies went further by establishing the rule of law. It is known that the idea of arbitrariness arises when an exercise of executive power is not authorized. Its southern coast is on the gulf of guinea in the atlantic ocean. As general david petraeus has emphasized repeatedly. Introduction i have written extensively about the rule of law for two basic reasons. The westminster parliamentary system recognized the supremacy of law. Illiteracy and ignorance are some of the impediments to the reality of the rule of law in nigeria. Like democracy, the rule of law is a principle of governance. The rule of law and anticorruption crusade in nigeria niki tobi, ll. Jul 26, 2014 the scope of my research project or study is only limited to cover the rule of law and constitutionalism in nigeria. Rule of law practitioners around the world have relied on this handbook for almost five years now.
Rule of law and constitution building international idea. The revision of this strategic document of the public service on a regular basis is necessary in order to make the service conform to changing times and. Rule of law news latest breaking stories and top headlines. The rule of law has been considered as one of the key dimensions that determine the quality and good governance of a country. In fact, i have found this volume used by both civilian and military rule of law practitioners from many agencies across afghanistan. It encapsulates such ideals as government according to the law, equality before the law and the independence, and autonomy of the judiciary among others.
There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia islamic law. This section contains free ebooks and guides on law books, some of the resources in this section can be viewed online and some of them can be downloaded. They must work like a relay team which needs the active participation of all the members to win the race or like white and black keys in a pianos keyboard which must work together. Nigeria as a nation is presently being faced with numerous. Nigeria has its own constitution which was established on 29 may 1999. Pdf the rule of law was conceived as something that should map out the. Pdf abstract nigeria is a plural society with preponderance of arbitrariness of.
They might start their investigation by looking at the world justice projects rule of law index. For the purpose of this lectures, this paper shall limit it scope to the role of nigeria police force in the promotion and sustainability of participatory democracy and the rule of law. However, in 1966, the rule of law was forcibly replaced by the rule of force. The rule of law in governance in nigeria nnamdi azikiwe. Professor of law the catholic university of america 0001 versacomp 4. 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. English law in nigeria is derived from the colonial nigeria, while. Highlevel meeting on the rule of law at the national and international levels pledge registration form. 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.
Rule of law fundamental for democracy, good governance in. Research, like the worldwide governance indicators, defines the rule of law as. Introduction the meaning or content of the concept of the rule of law vary from place to place, and from earlier times. The law of nigeria consists of courts, offences, and various types of laws.
Strengthening rule of law in nigeria will enhance stability, accountability. Thus where there is true democratic governance, governance must be tailored in its operation in accordance with the rule of law. Law enforcement agencies are agencies set up by law to maintain internal security of the state. Introduction hese three concepts, namely, the rule of law, democracy and good governance are so interrelated that one is tempted to liken. Pdf compendium of all lawscategories also available email. Companycommercialtax lawintellectual property akanki, j. Survey design is the adopted methodology in which available literature were corroborated with empirical data as instruments for the analysis of issues relating to security and rule of law in nigeria. The rule of law is a liberty centred constitutional concept which stipulates that everything must be done in accordance with the law. To aristotle, the rule of law is preferable to that of any individual, while bracton, writing in the th century.
The research topic the rule of law and nigerian politics,is an interesting topic to me, in the sense that this is a topic that can be viewed from two angles. Rule of law international journal of law and legal. Rule of law development is particularly important to the comprehensive civilmilitary approach adopted by nato and isaf members at lisbon in order to set conditions for transition of security responsibility to the afghan government. Ali esq with this exposition on the doctrine of rule of law, it could be seen that the rule of law and democracy go hand in hand. The purpose of the workshop was to identify the challenges that confront african union au member states with respect to the rule. The rule of law, a basic and dynamic legal concept, which formed the kernel of british democracy, was adopted in nigeria. Group said to have a number of factions with differing aims, including imposing sharia law in all nigeria s 36 states. Perspective of nigeria s democratic system by yusuf o. Public regulation of the oil and gas industry in nigeria. For much of human history, rulers and law were synonymous law was simply the will of the ruler.
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