Rule of law in nigeria pdf file

The rule of law thrives in a state when there is a separation of powers among the main organs of government, namely, the legislature, the executives and the judiciary, so that the powers of law making, execution and adjudication are not concentrated in one person or a group of persons. Jun 01, 2018 a nigerian newspaper and online version of the vanguard, a daily publication in nigeria covering nigeria news, niger delta, general national news, politics, business, energy, sports, entertainment. Rule of law and anticorruption in nigeria the rule of law and anticorruption rolac programme is working to enhance good governance by strengthening the rule of law and curbing corruption. Any reference to the i nternal revenue code of 1954 refers to the i nternal revenue code of 1986 2, public law 99514, 100 stat. The congress hereby declares that the purpose of this title is to protect interstate and foreign. The rule of law in governance in nigeria abstract the rule of law is a liberty centred constitutional concept which stipulates that everything must be done in accordance with the law. In this case, obedience to court orders is a paramount measuring index of compliance with the rules of law in any society. The rule of law is an important contribution of the british constitution. Pdf a conceptual analysis of the rule of law in nigeria. Nigeria, the delhi declaration was reevaluated and contained in a document. It is known that the idea of arbitrariness arises when an exercise of executive power is not authorized. But in nigeria, the rule of law is more or less a farcical concept. It is also seen as an integral part of good governance. Secondary data, generated through documents reading, were used for the analysis.

The rule of law refers to a principle of governance in which all persons, institutions and entities, public and private, including the state itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, and which are consistent with. Perspective of nigeria s democratic system by yusuf o. Rule of law, nigeria, military, democratic governance, constitution. 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. Nigerias overall rule of law score places it at 21 out of 30 countries in the subsaharan africa region, 19 out of 30 among lower middle income countries, and 106 out of 126 countries and jurisdictions.

Our findings indicate that in principle, democracy and the rule of law are elaborately. 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. This requires the development of national counterterrorism strategies that seek to prevent acts of terrorism, prosecute those responsible for such criminal acts, and promote and protect human rights and the rule of law. Germany, nigeria, brazil, cambodia and rwanda on the their constitutional. Since assuming power on may 29 2015, nigeria s president muhammadu buhari has shown a stunning disregard for the rule of law. The only surprising thing to any competent individual is the blatant disrespect shown to this constitutional provision by nigerian rulers who had openly sworn to uphold it. 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 nigeria s federal ministry of finance. Unlocking growth and prosperity list of abbreviations brics brazil, russia, india, china, and south africa dashboard global business rule of law dashboard gcb global corruption barometer gcr global competitiveness report gdp gross domestic product gii global integrity index mint mexico, indonesia, nigeria, and turkey. Rule of law operations are conceptually difficult and hard to. There is no doubt that demurrer sic proceedings have been abolished in view of clear provision of order 23 rule 1 of the high court civil procedure rules of lagos state. Stromsem is an expert on police and security issues, particularly in post conflict environments.

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. Nigeria access to justice judicial reform human rights. Notwithstanding the provisions of rule 9 here of any party who failed to file its brief within the time prescribed herein before shall be liable to pay penalty for noncompliance as provided in the second schedule to these rules. It can, therefore, be concluded that leaders in nigeria have turned the rule of law to mere myth in the nigerian constitution. This page contains listing of free law books online textbooks and tutorials they are downnloadable or for viewing online in the html pdf zip chm or rar file formats. Rule of law practitioners around the world have relied on this handbook for almost five years now. Access to justice and human rights protection in nigeria. Divorce is the termination of a marital union, the cancelling andor reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country andor state. I am saying this because the rule of law is supreme, just as the national constitution is used to judge everybody in nigeria. She served as the director of the international criminal.

Rule of law or national security, which should supersede. Law of contract 14 definition and puiposes 14 principles and nature of law of contract 14 scope of law of contract 15 classification of contracts. Nigerias fourth republicdemocratic or civil rule enyi john egbe, phd. This is unlike customary law which has the general rule that any child born of the marriage belongs to the father, with the exception of. 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. Nigeria, but in practice, good governance still eludes the country. It is therefore, safe to infer that the rule of law is supreme in nigeria, at least, in. The court of appeal rules, 2011 in exercise of the powers conferred on me by section 248 of the constitution of the federal republic nigeria, 1999, and by virtue of all powers enabling me in that behalf, i, isa ayo salami ofr president, court of appeal, hereby make the following rules.

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. Rule of law makes it impossible for one person to have the unrestrained exercise of power over a society or nation. Its origins and meanings a short guide for practitioners. Introduction the meaning or content of the concept of the rule of law vary from place to place, and from earlier times.

Promoting the rule of law through evaluation and performance. 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 encapsulates such ideals as government according to the law, equality before the law and the independence, and autonomy of the judiciary among others. Nigeria as a nation is presently being faced with numerous. Some law professors understandably disagree with a purely federal approach to understanding administrative law. D honoris causa, con justice of the supreme court and. Both the rulers and the ruled are equal before the law irrespective of. In nigeria and jamaica she assisted in the design of the citizen security and crime reduction components of these rule of law projects. Pdf land is essential for every human activity on earth as it is the source of all material wealth. New rule on registration of fixed income existing securities major.

Jul 26, 2014 rule of law and constitutionalism in nigeria. Nigeria is presently grappling with the challenges of building a sustainable. The author conducts this examination by considering the important role of the rule of law in the application of human rights. Finally, rule of law is only one component of a just society. What are the factors that limit the application of rule of. Rule of law, nigeria, military, democratic governance, constitution i. Pdf 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.

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. Aristotle while searching for a suitable and permanent means of subjecting governmental power to control argued that government power by law was superior to government by men. There is no doubt that the rule of law is unambiguously enshrined in the nigerian constitution. Provided that any fees payable under order 2 rule shall be paid. Nigeria without the promotion of the rule of law and the rule of law cannot be promoted without the contributions of lawyers 8, then lawyers, nobly called the bar, must necessarily be involved in the project of peace building in the country.

Both the rulers and the ruled are equal before the law irrespective of the social status of anyone in the society. Public law 91452, approved october 15, 1970 as amended note. The author argues that the written law, which enshrines human rights, only becomes legally enforceable if there exists a functioning and proper government structure. Global journal of political science and administration. Joining inside story, with presenter hazem sika, to discuss this are guests. Pdf abstract nigeria is a plural society with preponderance of arbitrariness of government functionary in the execution of their duties. Rule of law may proceed, and is generally a precondition for, democratic consolidation.

Historical development, current issues and future expectations. The 2011 rule of law handbook is dedicated to all those who promote the rule. And lastly, what is the relationship between laws in the legal sense and. To my mind the applicable law under which a preliminary point of law can be raised is order 23 rule 2. Questi ons are though raised as to the extent to which the constitutional promise of the rule of law matches with actual situation in india. Assessment of the integrity vienna international centre, p. 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 law is clear on the grounds for divorce in nigeria, the first and most important thing is that the marriage must be at least 2 years old, if it is not, and you would like to get a divorce, you will have to go through another route called annulment annulment will be dealt with in a separate article. 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. The rule of law must supersede national security in any democracy.

In fact, civilian administrators seem to surpass the military in their open disrespect to the rule of law. Introduction hese three concepts, namely, the rule of law, democracy and good governance are so interrelated that one is tempted to liken. 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. Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under god, dedicated to the promotion of interafrican solidarity, world peace, international cooperation and understanding. Thus where there is true democratic governance, governance must be tailored in its operation in accordance with the rule of law. This is particularly so in the case of the federal high court, where the filing fees. A vitiating element of contract is the technical term for the things which make a contract void or voidable. Fifth, we should not put too much faith in the ability of rule of law to prevent war, limit atrocities during war, or rein in a superpower bent on going its own way. This means that the law should be supreme to both the government and the governed. The rule of law is defined in the oxford english dictionary as. In fact, i have found this volume used by both civilian and military rule of law practitioners from many agencies across afghanistan. It means that in the eyes of the law all persons, whether big or small, the highest government official or ordinary citizen, a big capitalist or a poor man, are equal. Highlevel meeting on the rule of law at the national and international levels pledge registration form. In his book the morality of law, american legal scholar lon fuller identified eight elements of law which have been recognized as necessary for a society aspiring to institute the rule of law.

Illiteracy and ignorance are some of the impediments to the reality of the rule of law in nigeria. The rule of law is a principle or system where a society or nation is governed by a set of legislation instead of by an individual making the whole decision. 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. Chief justice of nigeria, hereby make the following rules. It has numerous benefits and advances freedom and growth of the people.

However, in 1966, the rule of law was forcibly replaced by the rule of force. Rule of law and anticorruption in nigeria implemented by the british council the rule of law and anticorruption rolac programme is working to enhance good governance by strengthening the rule of law and curbing corruption. In this writeup, you will learn one or two things about the rule of law in nigeria and what it is all about. Must a rule, in order to be called a law, conform to certain universal principles or precepts. The law is supreme to both the government and the governed. 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. This suggests that law must be unique, known and powerful well and above everyone living within the confines of the country. It concludes with a brief description of some of the criticisms that have been made about the concept of the rule of law. The rule of law, a basic and dynamic legal concept, which formed the kernel of british democracy, was adopted in nigeria. Civilian regimes in nigeria have not fared better, either with respect to the rule of law. The rule of law in governance in nigeria nwogu nnamdi. Our main objective is to back the governments justice and anticorruption agenda through. This article considers several explanations for the international human rights movements sudden heightened attention to rule of law. The rule of law is embedded in the nigerian constitution.

Tony uranta, the executive secretary of the national summit group. This paper should be useful for nontheorists interested in learning about the rule of law, and may serve as. The westminster parliamentary system recognized the supremacy of law. All these can be done when there is the observance of the rule of law and the supremacy of the constitution. Rebuilding the rule of law in postconflict environments. Nigerian context and to be able to distinguish aspects of the democratization. Answer to this question cannot be preferred without xraying what is common place in nigeria as of today, despite the belief that we. Our main objective is to back the governments justice and anticorruption agenda through supporting the adoption. To aristotle, the rule of law is preferable to that of any individual, while bracton, writing in the th century. The human rights movement has increasingly encountered conceptual, normative and political challenges. Respect for human rights and the rule of law must be the bedrock of the global fight against terrorism. Nigeria is unable to obey set down rules and operate within the norms of a given establishment. Obasanjos administration in nigeria was the worst when it comes to compliance with. However, it is unfortunate that many nigerians despise the rule of law and treat it with total disregard, especially those.

The purpose of the workshop was to identify the challenges that confront african union au member states with respect to the rule. Highlevel meeting on the rule of law at the national and. The rule of law does not have a precise definition, and its meaning can vary between different. 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.

He also declared that if the country consistently respects the rule of law for four years, the building blocks of development would be firmly in place. Aug 28, 2015 the evolution of divorce law and practice in nigeria. Constitution of the federal republic of nigeria wipo. The authority and influence of law in society, especially when viewed as a constraint on individual and institutional behavior. Challenges for successful promotion of the rule of law in nigeria. The rule of law requires that people should be governed by accepted rules.