Benue State University, Makurdi

The Rule of Law and its Practice in Nigeria: An Assessment

Mohammed Akinola Akomolafe, PhD

Abstract

The rule of law is one of the basic concepts that may not be ruled out in a democratic institution. It is a concept that goes hand in hand with other concepts such as good governance and democracy. Ever since the era of A.V. Dicey, several other scholars have nourished and contributed to the growth of the principle of the rule of law. It is the opinion of this study that the principle of the rule of law is intrinsically not fool-proof. It contains some anomalies but these are not so obvious when implementation of the spirit of the principle sets in. Taking Nigeria as a case study, the study argues that the rule of law is at best at its vegetative state. Thus attempts to institute good governance in Nigeria have always proven problematic. It is agreeable that colonial rule imposed a type of governance in the country that was anti-people in nature. By the time the colonialists left, the local political elites have imbibed the culture of this type of governance that puts premium on gaining political power without considerations for accountability, rule of law and constitutionalism. This paper argues that there is a deficit of rule of law and good governance in the country today. This deficit can be corrected through a viable and virile civil society, but much is dependent on the role of a qualitative leadership. The analytic method of research is employed to probe the meaning of rule of law and its viability in Nigeria.

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