Rule of law and democracy in nigeria pdf

The system seems broken, and it is generally accepted that the level of justice is shallow. Finally, the paper would proffer possible solutions and make necessary recommendations that would help deepen true democratic culture in nigeria. The rule of law, a basic and dynamic legal concept, which formed the kernel of british democracy, was adopted in nigeria. 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. Download fulltext pdf download fulltext pdf the impact of military rule on democracy in nigeria article pdf available december 2012 with 51,253 reads.

Data for the study was sourced through content analysis approach. Gallen iza, bonn cepr, london july 9, 2009 abstract this paper investigates the endogenous emergence of democracy and property rights. The objective of this paper is to find out the extent democracy and the rule of law has influenced good governance in nigeria. In the nigerian situation, however, the breach of these principles is a constant reality as a result of the deeply seated phenomenon of corruption in the country. This understanding would help deepen the dialogue and strengthen the current partnership on these issues. It encapsulates such ideals as government according to the law, equality before the law and the independence, and autonomy of the judiciary among others. When addressing the rule of law and democracy nexus, a fundamental distinction has to be drawn between rule by law, whereby law is an instrument of government and government is considered above the law, and rule of law, which implies that everyone in society is bound by the law, including the government. Rules and military power in pinochets chile 188 robert barros part iii 9 courts as an instrument of horizontal accountability. It points out some government agencies that have no regards for human rights and how to deal with them, in order, to have real democratic nigeria that can compare. Nigeria as a nation is presently being faced with numerous. Our findings indicate that in principle, democracy and the rule of law are elaborately provided in. However, in 1966, the rule of law was forcibly replaced by the rule of force. The theme of this symposium is democracy and the rule of law, while my. This paper examines the tripartite concepts of constitutionalism, rule of law.

Corruption and the rule of law in angola democracy in africa. Human rights, democracy and the rule of law sahara reporters. It is known that the idea of arbitrariness arises when an exercise of executive power is not authorized. The rule of law emerges when no one group is strong enough to dominate the others and when political actors seek to resolve their conflicts by recourse to law. Nigeria, but in practice, good governance still eludes the country. Global journal of political science and administration. The case of latin europe 223 carlo guarnieri 10 rule of democracy and rule of law 242 john ferejohn and pasquale pasquino 11 the rule of law as a political weapon 261 josemar. The rule of law is defined in the oxford english dictionary as. The term military rule as used here is synonymous with military regime and refers to a subtype of authoritarian regime. The impact of military rule on democracy in nigeria. The rule of law in governance in nigeria nwogu nnamdi. Challenges to the rule of aw in africa 9 introduction the workshop on challenges to the rule of law in africa took place in pretoria, south africa on 12 april 2016.

Until june 6, 2018, it was held annually on may 29. So, we have decided to write about the challenges facing rule of law in nigeria. Pdf the impact of military rule on democracy in nigeria. The rule of law and democracy has become the major features of any civilized society, without which such society is. Let me take a crack at this first, one has to be clear about what we are talking about. The court declared that he was still a bona fide member of the pdf, but the. In 2000, the commission recommended a host of legislative, institutional and practical measures to consolidate democracy resolution 200047. The further perception of the hand of esau in the sustained crisis within the main opposition party in nigeria is a damaging disservice to the rule of law, democracy and the incumbent government. Nigeria is an african nation and in particular, a member of ecowas. For most of human history, attaching military to rule would have been. Apr 18, 20 thus, while other democracies in africa, latin america and asia are in the era of consolidating democracy, countries like nigeria with the track record of disrespect for the rule of law are still toddling. Aug 08, 2007 democracy requires a rule of law framework in order to govern the interaction and coexistence of all citizens.

The rule of law as fundamental condition for democracy. The term rule of law encompasses all it takes to uphold, promote and safeguard the supremacy of law over any proclivities of institutions, groups or individuals. By doing so, the king acknowledged he was bound by law, like others, and granted his subjects legal rights. The rule of law is expected to be the guiding principle of governance since it is the foundation of good governance. Even artists and musicians use their platform to speak on the degree of injustice in nigeria. Law enforcement agencies are agencies set up by law to maintain internal security of the state. Introduction i have written extensively about the rule of law for two basic reasons.

A necessary accompaniment for democracy the use of arbitrary power is anathema to the rule of law. Judicial democracy and the rule of law judicial democracy is undermined when there is a lack of legal capacity to engage on the technicalities of securing law and when processes for appointing and dismissing judges are not legitimate or are exercised in a manner that serves to encourage political partisanship amongst judges. Key words, democracy, politics, dissent, mass media, democratization process. In 1215, english nobles pressured king john of england to sign a document known as the magna carta, a key step on the road to constitutional democracy. Democracy requires a rule of law framework in order to govern the interaction and coexistence of all citizens. Rule of law fundamental for democracy, good governance in.

Democracy and the rule of law at the human rights council the former commission on human rights adopted several landmark resolutions regarding democracy. The experience in nigeria is to the contrary as successive administration in the country often violated the concept with carelessness and recklessness. The paper adopted content analysis approach to source its data and concluded that democracy is an ingredient of development. Democracy, corruption and the rule of law in nigeria. This paper seeks to assess the principle of the rule of law in a democratic dispensation in nigeria. The experience of nigerias democracy thus far has shown that as a result of the failure of the state to provide an enabling environment for the flourishing of the rule of law, political apathy has set in and the political legitimacy is in acute deficit at all tiers of government and the accompanying institutions of horizontal accountability. Democracy and the rule of law are inseparable concepts that make it possible for modern societies to function effectively and thus guarantee peace, harmony and egalitarianism in the society. It must therefore be sustained to evolve and ensure sustainable development. This study examines how much of the rule of law have been adhered to since the emergence of the prevailing democratic dispensation in nigeria. Democracy took a completely different turn in nigeria from 1999 till date. Rule of law international journal of law and legal. Military rule, political regime in which the military as an organization holds a preponderance of power. Democracy is not in view if the principles of separation of power, checks, and balances and the enforcement of the rule of law are not in view.

Laws must be prospective in nature so that the effect of the law may only take place after the law has been passed. Nigeria operates a nominal democracy in which it maintained the outward appearance of democracy through elections but without the rights and institutions that are equally important aspects of a functioning democratic system. 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. 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. Apr 15, 2020 democracy took a completely different turn in nigeria from 1999 till date. Jun 02, 2008 the rule of law, a basic and dynamic legal concept, which formed the kernel of british democracy, was adopted in nigeria. This paper calls for a real democracy in nigeria rather than the civilian administration that exists right now in the country. Democracy and the rule of law cambridge studies in the. Some interesting answers but a lot tend to deviate from the specific question asked. The very term rule of law suggests that the law itself is the sovereign, or the ruler, in a society.

Rule of law in nigeria akanbi journal of law, policy and. Today, democracy is the most closely aligned with rule of law governance. The clearest way to show what the rule of law means to us in everyday life is to recall what has happened when there is no rule of law. After the death of the military dictator, general sani abacha in 1998, general abdusalami abubakar who took over governance from him is known to have worked out nigerias return to democracy or democratic rule. The rule of law, democracy and good governance in nigeria charlie nwekeaku, phd department of public administration, nasarawa state university, keffi. The rule of law in governance in nigeria the rule of law is a liberty centred constitutional concept which stipulates that everything must be done in accordance with the law. Eisenhower the bedrock of our democracy is the rule of law and that means we have to have an independent. One of the beauties of democracy is the rule of law. The rule of law as a catalyst for sustainable democracy in nigeria. They might start their investigation by looking at the world justice projects rule of law index. Nigeria is presently grappling with the challenges of building a sustainable. Good governance, constitutionalism and the rule of law. By guaranteeing civil rights, the rule of law also creates the basic conditions in which individuals can pursue their own personal development as they choose. Feb 10, 2007 human rights, democracy and the rule of law.

The workshop was organized as a collaborative activity between the african union commission auc and the international institute for. The westminster parliamentary system recognized the supremacy of law. The workshop on challenges to the rule of law in africa took place in pretoria, south africa on 12 april 2016. The eu is increasingly focusing on preventing conflict. Pdf a conceptual analysis of the rule of law in nigeria. Ali esq that form of government in which the sovereign power resides in and is exercised by the whole body of free citizens directly or indirectly through a system of representation, as distinguished from a monarchy, aristocracy, or oligarchy. The impact of military rule on democracy in nigeria etim o. Democratization and the rule of law matteo cervellati university of bologna iza, bonn iae, barcelona piergiuseppe fortunato desa, united nations, new york uwe sunde university of st. Meaning that, it is to thematise that without an implementation of a functional rule of law, such democratic system becomes a sham and pointless. I argue that the lack of strong and inclusive institutions and adherence to the rule of law hindered the maximization of nigerias full potential for economic growth. Democracy and the rule of law are the pillars of sustainable development and the guarantee of fundamental freedoms in any society. Schumpeter cited in ukase 2014 sees democracy as a method by which decisionmaking is transferred to individuals who have gained power in a. 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.

Pdf after a century of the existence of nigeria as a nation, the enthronement of the democratic norms of rule of law and separation of power is still. Human rights, the rule of law and democracy are interlinked and mutually reinforcing and that they belong to the universal and indivisible core values and principles of the united nations. Democracy day marks the day the military handed over power to an elected civilian government in 1999, marking the beginning of the longest continuous civilian rule since nigerias independence from colonial rule in 1960. As an ideal, the rule of law stands for the proposition that no person or particular branch of government may. The political economy approach, based on the marxian concept of the dialectical materialism of the society, is adopted as the framework of analysis. In a true democracy, the will of the people is the basis of the authority of government. Democracy day is june 12, a national public bank holiday in nigeria. Democracy in nigeria problems and prospects information. This paper examines the tripartite concepts of constitutionalism, rule of law and good governance in africa taking nigeria as the case study. The authority and influence of law in society, especially when viewed as a constraint on individual and institutional behavior. The principles of democracy the word democracy comes from two greek words. To them, nigeria has taught the world the difference between democracy and civil rule. Importance of the rule of law in sustaining democracy and ensuring good governance, in agbe, m. Civil rights communities keep talking about these issues.

Rule of law in nigeria akanbi journal of law, policy. Put differently, without the rule of law democracy is impracticable as arbitrariness is likely to hold sway and torpedo the process of realizing good governance. However, while some democratic transitions led to improvements in rule of law and the stability of states, others have failed to provide better rule of law and even led to widespread rent seeking, slow growth and lack of social cohesion. The impact of military rule on democracy in nigeria 287 military rule in africa at the end of the colonialism in africa, it was natural, that the political culture of the colonial. A case study of nigeria ozoemenam mbachu preamble one defence of democracy, indeed of any form of representative government, has been that it is a means of safeguarding the liberty of individuals, of protecting them against unnecessary constraints on their action. In democracies, constitutional limits on power require the subjugation of state authority to a countrys laws as established through popular consent and adopted by the peoples representatives as determined in free elections. Nigerias prohibitively high misery index is such as to put on hold any promises. Fifteen years into our democracy nigerians continue to agonize over countless situations where the law and the constitution have not only been rubbished. Jan 21, 2014 nigeria is an african nation and in particular, a member of ecowas.