By Dickson Omobola

An erudite scholar and a past Deputy Director-General and Head of Campus of the Nigerian Law School, Augustine Nnamani Campus, Agbani-Enugu, Professor Ernest Ojukwu, SAN, in this interview, speaks on rule of law and how it has fared in Nigeria from independence to date. Excerpts:

What is rule of law and why is it important in a democratic setting?

Rule of law is a legal principle that presupposes that no one is above the law and that everyone, including government officials, is subject to the same laws. It also means that the law is applied fairly and equally to everyone, regardless of their social status or wealth.

The rule of law is essential in a democratic setting because it protects the rights of all citizens and ensures that the government is accountable to the people. It also provides a framework for resolving disputes peacefully and fairly.

How does rule of law add value to society or the absence of a hindrance?

Here are some of the key benefits of the rule of law in a democratic setting. It protects individual rights and freedoms. The rule of law helps to protect the basic rights and freedoms of all citizens, such as the right to free speech, the right to a fair trial, and the right to property. The rule of law helps to ensure that the government is accountable to the people and that it cannot abuse its power.

It also promotes economic growth and prosperity. The rule of law provides a stable and predictable environment for businesses to operate and grow. This can lead to increased investment and job creation. The rule of law helps to reduce corruption and crime by establishing clear rules and consequences for those who break the law. The rule of law helps to promote social justice and equality by ensuring that the law is applied fairly and equally to everyone.

Overall, the rule of law is a fundamental principle of democracy and is essential for protecting the rights of all citizens and ensuring that the government is accountable to the people.

What examples do we have from across the world on how rule of law operates?

First, the government cannot arbitrarily detain or imprison people without due process of law. Second, the government cannot seize people’s property without just compensation. Third, the government must follow its own laws and regulations.

Further, the government must be transparent and accountable to the people. Also, the people have the right to challenge government actions in court. To add, the rule of law is not always easy to achieve and maintain, but it is essential for a healthy and functioning democracy.

People say strong institutions as against strong individuals are vital to the rule of law. To what extent would you say this applies to Nigeria?

The statement that strong institutions as against strong individuals are vital to the rule of law is a very accurate one, and it applies to Nigeria in many ways. When institutions are strong, they are able to operate independently of the whims of individuals. This means that they are less likely to be corrupted or abused. Strong institutions also provide a check on power, which is essential for the rule of law. In Nigeria, there have been many instances where strong individuals have been able to undermine the rule of law. For example, corrupt politicians have been able to use their power to influence the judiciary and the police.

This has led to a situation where the law is not applied fairly, and where powerful individuals are able to get away with crimes. However, there are also some strong institutions in Nigeria that are working to uphold the rule of law. For example, the judiciary is relatively independent, and there are a number of civil society organisations that are working to promote human rights and good governance. Overall, Nigeria is still a country where the rule of law is weak. However, there are some signs that this is improving. As the institutions in Nigeria become stronger, the rule of law will also become stronger.

What institutions enforce rule of law and how have they fared since 1960 when Nigeria attained independence?

An independent judiciary, free and independent press, a strong civil society, a professional and accountable police force, a transparent and accountable government. These institutions play a vital role in ensuring that the law is applied fairly and equally to everyone, and that the government is accountable to the people. Without strong institutions, the rule of law is at risk.

Strong individuals can easily manipulate and abuse weak institutions to their own advantage. This can lead to corruption, injustice, and instability. It is important to note that strong institutions do not happen overnight.

They take time to build and develop. It is also important to protect the independence of institutions from political interference. Nigeria is still on a journey to building strong institutions and upholding the rule of law. However, there are some positive signs that progress is being made.

We have had several administrations in Nigeria since the nation attained independence in 1960 beginning from the Tafawa Balewa government. How do you think rule of law fared under each administration?

The rule of law in Nigeria has fared differently under different administrations since independence. Here is a brief overview of how it fared under some of the major administrations.

Tafawa Balewa administration (1960-1966)

The Tafawa Balewa administration was the first democratically elected government in Nigeria. During this time, the rule of law was relatively strong. The judiciary was independent and the government respected the constitution. However, there were some challenges to the rule of law, such as the detention of political opponents without trial.

Military regimes (1966-1979 and 1983-1999)

Nigeria experienced a number of military regimes during this period. Military regimes are typically characterised by weak rule of law. The military rulers often suspended the constitution and ruled by decree. They also cracked down on dissent and jailed political opponents.

Shehu Shagari administration (1979-1983)

The Shehu Shagari administration was the second democratically elected government in Nigeria. During this time, the rule of law was somewhat weakened by political instability and corruption. However, the judiciary remained independent and the government generally respected the constitution.

Ibrahim Babangida regime (1985-1993)

The Ibrahim Babangida regime was a military regime that was marked by human rights abuses and a disregard for the rule of law. Babangida suspended the constitution and ruled by decree. He also jailed political opponents and cracked down on the media.

Sani Abacha regime (1993-1998)

The Sani Abacha regime was one of the most repressive military regimes in Nigerian history. Abacha suspended the constitution, jailed political opponents, and cracked down on the media. He was also accused of corruption and human rights abuses.

Olusegun Obasanjo administration (1999-2007)

The Olusegun Obasanjo administration was the first democratically elected government since the end of military rule in 1999. During this time, there was some improvement in the rule of law. The judiciary became more independent and the government generally respected the constitution. However, there were still some challenges to the rule of law, such as corruption and human rights abuses.

Umaru Yar’Adua administration (2007-2010)

The Umaru Yar’Adua administration was marked by Yar’Adua’s prolonged illness and his inability to govern effectively. During this time, there was some deterioration in the rule of law. The judiciary became less independent and the government was accused of corruption and human rights abuses.

Goodluck Jonathan administration (2010-2015)

The Goodluck Jonathan administration was marked by widespread corruption and a lack of respect for the rule of law. The government was accused of human rights abuses and of interfering with the judiciary.

Muhammadu Buhari administration (2015-present)

The Muhammadu Buhari administration did not make any progress in improving the rule of law in Nigeria. The government pretended to crack down on corruption though it took some commendable steps to improve the independence of the judiciary. However, there were still some challenges to the rule of law, such as human rights abuses, and widespread disobedience to court orders and judgments. Overall, the rule of law in Nigeria has fared differently under different administrations. There have been periods of strong rule of law, but there have also been periods of weak rule of law, particularly under military regimes. It is important to note that the rule of law is a fragile thing, and it can easily be eroded if it is not carefully protected. It is also important to note that the rule of law is not just about the government following the law. It is also about the people having access to justice and being able to hold the government accountable. When the rule of law is strong, everyone benefits.

What do you make of the attitude of the less than six months old administration of President Bola Tinubu to rule of law and what advice do you have for it going forward?
It is still too early to say definitively what the attitude of the Bola Tinubu administration is to the rule of law. However, there have been some positive signs, as well as some causes for concern.
On the positive side, Tinubu has publicly stated his commitment to the rule of law, strengthening the judiciary and to combat corruption. The new Attorney-General of the Federation publicly expressed his desire to ensure the rule of law prevails in Nigeria and that security agencies will be guided and guarded to obey the rule of law. The new Inspector General of Police, Kayode Egbetokun, has also taken strong initiatives to get his men and officers abide by the best practices in policing and relationship with the people but the Department of State Services, DSS, is still running amok with the abuse of human rights and disobedience to court orders. Recently a lawyer was brutalised and dehumanised at the Benin office of the DSS for arguing his right to be present at the interrogation of his client. Tinubu needs to rein in the DSS otherwise his rule of law commitments will fail. Overall, it is too early to say definitively whether the Tinubu administration is committed to the rule of law. However, there are some signs that the administration is taking the rule of law seriously. It is important to continue to monitor the administration’s actions in this area.

How can President Tinubu display commitment to rule of law in the country?

He should take steps to strengthen the independence of the judiciary and to protect the freedom of the press. Tinubu should combat corruption at all levels of government and respect the rights of all Nigerians, regardless of their political affiliation.

Also, he should be transparent and accountable to the people because the rule of law is essential for a democracy to function effectively. It protects the rights of all citizens and ensures that the government is accountable to the people. The Tinubu administration must make the rule of law a top priority if it wants to succeed in building a better Nigeria.