THE CHALLENGES TO THE RULE OF LAW IN NIGERIA: A HISTORICAL AND THEORETICAL ANALYSIS

Afunugo Kenechi Nnaemeka

Abstract


This work attempts to posit to the surface that which challenge the Rule of Law in Nigeria. It attempts to equally trace the given atmosphere that results in flagrant disrespect and abuse of the Rule of Law by the citizens and government officials in Nigeria. This work equally posits practical solutions to effect and ensure that the Rule of Law is employed in Nigeria in practice and not just in principle. This work focuses on the socio-political terrain of Nigerian between 1999 and 2019. Qualitative method of data presentation is employed in this work as the gathered data via the primary sources (Literatures pertinent to the topic being studied) and secondary sources (personal communication in particular), were analysed phenomenologically. Furthermore, this work will posit a concise historical indices of the challenges to the rule of law in Nigeria in concrete situations by the government officials and citizens in Nigerian within the years under the scope of study. Since this work is theoretical in nature, the theory of Authoritarianism was adopted by this work inorder to exposit the political premise that most Nigerian governmental officials employ which foster their gross abuse of the Rule of Law. The Elite theory was adopted to portray vividly the class struggle in Nigeria that foster the abuse of the Rule of Law by some politicians and tribes that are under the peculiar conception that they are “born to rule†and so are equally “above the lawâ€. Inorder to describe the state of affairs that bad governance and gross abuse of the Rule of Law by the governing class creates in Nigeria which equally perpetrates corollary abuse of the Rule of Law on the long run by some citizens of Nigeria (as they take the laws into their hands often times); the theory of Anomie was employed. Sequel to that, the NeoWelfarism theory was employed as that which can create the atmosphere in the Nigerian society that will enforce total submission to the Rule of Law by all and sundry. Finally, it is pertinent to however underscore that this work does not claim to be exhaustive in nature; foom for further research on the relevant topics to this still abounds.

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