RULE OF LAW IN NIGERIA: CHALLENGES AND PROSPECTS

Anne Amuche OBIORA

Abstract


The term “rule of law refers to a situation in which rulers and citizens are equally subject to the law entitled to its protection. Many writers regard the rule of law as an ideal, and formulars such as ‘government subject to law and ‘government bounded by law’ are sometimes used to describe a particularly valuable feature of that ideal. Joseph Raz observes that such formulars would be tautological and so empty expressions of a political ideal, if we were to stipulate that no governmental action, as a matter of definition, can be against the law. Appeals to the rule of law as a genuine ideal make sense only if the definition of “governmental action†does not exclude the possibility of unlawful governmental action. Consequently, rule of law is of cardinal importance in any democratic government. However there are many challenges to the realization of rule of law in Nigeria. The essence of this work therefore, is to discuss those challenges and recommend among other things that there be conferences and seminars at different levels of government and civil societies to conscientize the citizenry on the need and importance of the rule of Law. That the doctrine be made to form part of the school curriculum in Nigeria at all levels. When this is done, it will enhance democracy in Nigeria. Research methods for this research work will include, analytical, doctrinal, expository and historical.

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