Opinion
Democracy And The Rule Of Law
The need for the enforcement of the rule of law in Nigeria cannot be over-emphasised. The rule of law projects the rights of the people and ensures that the laws are made and obeyed by all irrespective of office and political affiliations.
The rule of law is an aspect of the constitution that has been emphasised by A.U. Dicey and it is therefore considered as an important aspect of the government policies. The rights of individuals are determined by legal rules and not by the arbitrary behaviour of the authorities.
It is a universal truth that any nation that can not successfully thrive on democracy and supremacy of law, is heading for doom. In Nigeria, however, democratic practice has always been an issue of serious concern to the average citizens, while the nation’s seemingly weak judicial system portends bad signals that the country is heading towards crisis if drastic measures are not taken.
It is disheartening to note that there is an appalling intersection between politics and the rule of law. This absurdity arises neither from the constitution nor from the influence or superiority of the former over the latter. It is rather the lack of commitment to core national and moral values on the part of our leaders, who have formed the habit of interfering with our judicial system that is slowing down the process of administration of justice in the country.
It is pertinent to note that the rule of law is not only based on equity, it is also a viable means to fair hearing. It is the key to a corruption-free and harmonised society. So, if properly harnessed, the rule of law could be an instrument for social control as well as social engineering.
Nigerian citizens by now, must have come to the painful reality that what they have enthroned in the country is a form of civilian dispensation and not real democratic practice. Indeed, what is being practised is more of a plutocracy or kleptocracy than democracy.
Nigeria has had a chequered experience of both democracy and the rule of law. The immediate post-colonial period can generally be described as a period during which democracy and the rule of law generally thrived. The seizure of the country’s political space by the military brought about dictatorship and misgovernance. Since then, Nigeria has not fully recovered.
The hallowed principles of separation of powers and administration of justice were stuck in limbo as the khaki boys foisted their dictatorial governance on a reluctant and helpless populace.
Democracy is not and should not be a matter of “do or die” or victory at all costs, since it does not always produce the best and brightest political office holders.
Law must tower above every other consideration in the society. All misdeeds must be traceable to a prior existing law (constitution) and judges should be given the right to pronounce with a tone of finality on all infringements of the law.
Azubuike, an intern with The Tide, is of the Federal Polytechnic, Nekede.
Maureen Black Azubuike
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