O.A ODIASE ALEGIMENLEN

INVESTIGATING THE REALITY OF RULE OF LAW IN NIGERIA: THE EXECUTIVE’S EXTRAORDINARY POWER OVER THE JUDICIARY IN VIEW

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Abstract
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
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