THE RULE OF LAW AND POLITICAL GOVERNANCE

CONTENTS:

1.0       Introduction

2.0       Objectives

• Main Content
• Meaning of Rule of Law
• Political Governance

4.0       Conclusion

5.0       Summary

6.0       Tutor Marked Assignments

7.0       References/Further Reading

INTRODUCTION

The rule of law is one of the cardinal ingredients of political or democratic governance. Political governance largely refers to the rule by the people, either directly or through representatives. Political governance or democratic rule assumes the value and the fundamental quality of all individuals. Its main principles are liberty and equality for all citizens.

 For democratic governance to be in place, sustained and consolidated, the rule of law must subsist and in fact forms the foundation of the former. In this regard and arrangement, the people are actually equal before the law, are subject to the rule of law, have liberty and equal opportunities, and uniform stake in the polity.

OBJECTIVES

In this Unit you will be able to understand the following:-

• The extent to which the rule of law prevails and subsists in Nigeria
• The rule of law and its basic elements
• Political governance standards

MAIN CONTENT

Meaning of the Rule of Law:

Rule of Law is a constitutional doctrine, which emphasizes the supremacy of the law as administered by the law courts. Literally, the rule of law means the governance of law. That is to say that the entire society including democratic institutions, organs of government and the civil society must be subject to legal rules.

It demands that all actions of government officials and the citizenry be justified in law. Thus the law is supreme and all must be subordinated to it. One important point to note is that the idea of the rule of law emanates from man’s conceptions of the nature of man itself. Man has innate distrust of his fellow man, especially when vested with power. Man by nature is seen as expansive, domineering, atavistic, and governed by the principle of cupiditas and lubido dominandi. Hence, when vested with absolute power, man has the tendency of subordinating, exploiting and suppressing one another. Remember that power corrupts absolute power corrupts absolutely. Thus, the only mechanism available to check and curtail the excesses of man within the ambit of the law and social harmony is the rule of law.

However, Dicey (1959) is typical of those who conceive the rule of law as a legal control of the executive arm of government. He opined that the rule of law is distinct but related meanings.

It means the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness, of prerogative, or even of wide discretionary authority on the part of the government. The rule of law means not only that with us, no man is above the law, but that here every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals.

Therefore, from the above expressed views, Ewelukwa, (1997), summarized that the concept meant “not only to safeguard and advance the civil and political rights of the individuals in a free society, but also to establish social, economic, educational and cultural conditions under which his legitimate aspirations and dignity may be realized”.

Political Governance:

In its most general sense, democracy connotes a society in which each individual member is believed to entitle to equality of concern or opportunity. Meanwhile, the term political democracy means more than mere forms of government, especially because there is evidence of increasing lip service paid to democratic forms without practice of the substance of political democracy. It is concerned with those institutions and practices considered necessary to secure the principles of popular participation as governance, equality and equalization of political and economic opportunities. The Nigerian political leadership is presently saddled with the onerous task of instituting political democracy that will guarantee economic freedom and enhance societal well- being and popular participation in governance.

Nigeria has signed several International Codes and Standards on democracy and political governance, but they have not all been ratified and reflected in Nigerian laws and are thus not being implemented. One reason for this is that no proper records are kept of all the standards and codes that Nigeria has signed with a view to their being ratified. Another is the delay caused by the slow process of passing a bill in the  National Assembly when one is submitted for ratification of a Standard or Code. Also, Nigeria’s federal structure and the rigid procedures for amending the Constitution makes it difficult to ratify some Standards and Code.

To correct the situation and ensure that outstanding Standards and Code are ratified in March 2001, the Government established a Committee on the Ratification of

Outstanding Treaties, Conventions, Protocols and Agreements entered into by Nigeria with other countries and international organizations. The Committee recommended steps to take in quickening ratification of Standards and Codes.

CONCLUSION:

In this Unit we have vividly discussed the rule of law, its meaning from different perspectives. We also discussed political governance in relation to the rule of law. We also touched up the imperativeness of the rule of law in any given society. Thus, it is  apt to conclude that the rule of law remains basically a mirage as the independence of the judiciary becomes a heavily eroded and vitiated.

SUMMARY

For Nigeria to consolidate the gains therein in democratization process and hence accumulates substantial democratic residues in its broadest senses, the principles of rule of law must be appreciated, respected and sustained by the political leadership. This among others will guarantee political freedom and political equality as well as economic freedom and economic equality.

SELF-ASSESSMENT EXERCISE

There is increasing lip service paid to political democracy democratic practice in Nigeria. Explain.

TUTOR MARKED ASSIGNMENT

For democratic governance to be in place, sustained and consolidated, the rule of law must subsist. Discuss.

REFERENCES/FURTHER READING

Ese Malemi, (1999) – Outline of Nigerian Legal System, Lagos, Grace Publishers Inc.

Nnanyelugo Okoro and Aloysius Michael Okolie, (2004) – Law, Politics and Media in Nigeria, Nsukka, Prize Publishers Ltd.

APRM Country Self-Assessment Report (CSAR) – Executive Summary – NEPAD Nigeria, 2008.