Rule of Law

In Nigeria, there has been incessant abuse of its citizens’ rights by the Special Anti-robbery Squad(SARS) which led to popular EndSARS protest. SARS was controversial for its connection to extrajudicial killings,unlawful arrest, torture, lackmail, framing, extortuion, rape etc. Police brutality has resulted to resistance to police orders and activities by the citizens leading to legitimacy crisis.Victims of this harsh treatment are afraid to seek redress in court because they rarely receive justice. Even after the well-known ‘End SARS’ protest, citizens continue to complain about the police force's violent behavior. Moreover, the accused (police) often go free and are not apprehended for their crimes. This ongoing brutality has weakened the legal system and rendered it ineffective.The constitution of the Federal Republic of Nigeria, the Nigeria Police (Establishment)Act, international conventions, professional ethics and other statutes, regulate as well as constrain the use of force by police.Despite these regulations, the police in many societies resort to using extreme force beyond limits as permitted by law in discharging their duties and in the process grossly disregard of the rule of law. Hence,this work critically examines police brutality and the rule of law by assessing its legal framework, accountability mechanisms, and human rights implications resulting from the use of excessive force by the Nigeria Police Force. The research evaluates the effectiveness and sufficiency of existing laws in regulating police conduct and preventing human rights violations. Additionally, the study assesses the human rights consequences of police brutality, particularly violations of rights to life, liberty, dignity, and movement. Using doctrinal analysis, the research identifies institutional weaknesses that undermine adherence to the rule of law. The findings emphasize the importance of comprehensive reforms, better oversight, and increasing public trust to ensure lawful and accountable policing. The study ends with practical suggestions for enhancing accountability measures and safeguarding human rights within democratic governance.

The concept of the 'Rule of Law' simply means accountability to the provisions of the law - a state of affairs in governance, in which the law holds sway to the letter, no matter whose ox is gored. In a state where the Rule of Law prevails, the application of the law and its principles in the administration of that state, is effected without recourse to creed, tribe, gender, religion, personal desires or status amongst other things. What matters without more, is the law and Justice. Kingdoms. and states have risen and fallen partly or totally due to the concept of the rule of law. If one looks at history through the eyes of circumspection, one can almost see mankind’s endless battle with chaos and anarchy. A frenzied scramble to infuse order starting from the family to communities and then to larger aggregates of people. Where man’s toil in this direction has failed, anarchy has sprung forth, wars have happened, taking lives and breaking once vibrant states into smaller units or something else entirely. Time has taught us that in the administration of a State, the most useful tool in maintaining the Rule of Law, does not reside exactly in the letters of the Law but in the application of the law. Laws may be vibrant and beautifully couched; properly delimiting roles and actions in a society but if these laws are not applied or properly applied, the letters on paper begin tending towards worthlessness. As Nigeria is the focus of this essay, the pertinent question is whether the administration of government in this country is compliant with the rule of law? Is it? The application of this concept in Nigeria can be likened to a cruise through a pothole-filled street. Again and again, more abrasions on the Rule of Law happen, some, leaving people utterly shocked and wondering desperately how worse the next one is going to be. Certain acts most times by the executive, leave much to be desired and leave Nigerians with the feeling that we are in an authoritarian State. The aim of this essay is to examine the application of the Rule of Law in Nigeria and prescribe cures where needed. To successfully achieve this, a foray will first be undertaken into the meaning and origin of the Rule of Law, thereafter, this writer will examine the perceptions of scholars and pundits on the concept, from here, the Rule of Law will be examined in line with auxiliary concepts after which the firmness of the Rule of Law from a xiv legal standpoint will be examined in Nigeria. While doing this, reference will be made to other states and events within and outside Nigeria to not only help achieve a clean grasp of the issues surrounding the rule of law in Nigeria but also provide time tested solutions to them