By Dickson Omobola

Partner at Perchstone & Graeys Law Firm, Mr Folabi Kuti, SAN, in this interview, speaks on the rule of law in Nigeria since independence in 1960 and how it has impacted growth and development.

Excerpts:

Importance of rule of law The rule of law in plain language – and as the phraseology itself connotes – is (the) rule according to the dictates of civilised living – under the dictates of the law and understanding or acceptance that no one is above the law. It is important in a democratic setting as it sets a minimal baseline on how and why there must be an orderly existence within the principles of the supremacy of the law and that we are all equal before the law and shall be so treated and held accountable to the dictates of the law. More importantly, justice is accessible to all.

Consequences of the rule of man

Again, drawing from what I alluded to earlier, it is fraught with all shades of negativism, with dangerous consequences for society.

Constitutional provisions

The Nigerian Constitution made ample provisions for the tenets of the rule of law – supremacy of the law, equality before the law and an impartial judiciary – Section 1 of the 1999 Constitution provides that the Constitution is supreme and its provisions have binding force on all authorities and persons throughout the country. Chapter II of the Constitution on Fundamental Objectives and Directive Principles of State Policy, specifically Sections 17 (2) makes provision for the social objectives of the state to uphold principles of Freedom, Equality and Justice.

Chapter IV of the Constitution provides for fundamental rights which are enforceable. Section 42 explicitly protects the right of all Nigerians to be treated equally, free from all forms of discrimination. Other legislations that seek to enforce the doctrine of equality includes, Human Immunodeficiency Virus, HIV, and Acquired Immunodeficiency Syndrome, AIDS, (Anti-Discrimination) Act, 2014; the Violence Against Persons (Prohibition) Act, 2015; the Discrimination against Persons with Disabilities (Prohibition) Act, 2018 and so on.

Likewise, to attain an impartial judiciary, the constitution made the judiciary independent as an arm of government. Chapter 1 Part II of the Constitution establishes the principle of separation of power among the arms of government. Section 6 vested the judicial authority on the Courts. The constitution also outlined the process of appointing judges (See section 231 – 238) tenures and removal of judicial officers (See section 153 and 292), financial independence of the judiciary (See Section 81 and 121), and immunity of judges while performing judicial duties (See Section 308).

The intent of these provisions is to ensure that there is constitutional and legal certainty for the existence of the rule of law towards establishing equality and fairness, due process, limitation and separation of power, transparency in governance and independence of the judiciary in the country. Other relevant laws that seek to front the principle of rule of law include the Code of Conduct Bureau and Tribunal Act (1991), Freedom of Information Act (2011), the Nigerian Administrative of Criminal Justice Act (2025), The Economic and Financial Crimes Commission (2004) The Independent Corrupt Practices and other Related Offences Commission) Act, 2000.

Enforcers
Specifically, the executive and judiciary have duties towards ensuring the administration of the rule of law in the country. While the executive arm is responsible for enforcing laws, the judiciary on the other hand interprets and applies the law through adjudication and ensuring that justice is served.

Other institutional framework established for the enforcement of the rule of law include the Nigerian Police Force, NPF, the Economic and Financial Crimes Commission, EFCC, the National Human Rights Commission, NHRC, the Code of Conduct Bureau and Tribunal, and the Public Complaints Commission. In my opinion, these arms of governments and institutions have considerably prospered in safeguarding and enforcing the provisions of the rule of law. Meanwhile, there are few instances where the executives acted otherwise by disobeying orders of Court.

A popular instance was in 2007 when the Court restrained the EFCC from arresting the then Governor of Abia State, Orji Kalu, but the said order was flouted. Another recent case was the recent restraint from the Court on the enforcement of the monetary policy changing the face of the Naira.

The ideal proposition of the principle of the rule of law is that the law is supreme and above every institution, authority and person. Notwithstanding the shortcomings of the executive arm of government, one can still argue that there is enforcement of the rule of law in the country.

Strong institutions, strong leaders

For institutional strengths, there is a need for accountability, due process, strict adherence to set down rules, separation of power, checks and balances, and importantly, equality of all members of that institution. Thus, strong institutions are essential towards upholding the rule of law, unlike the impact of strong individuals at the helm of affairs which seems to portend all sorts of negative administration such as godfatherism, dictatorship, non-compliance with due process and all sorts of negative forms of administration.

Since 1999, Nigeria has enjoyed constitutional democracy with seamless changes in administration to the interest of the government and all persons in Nigeria. There has been strict adherence to the provisions of the constitution, the principle of separation of power, with constant checks and balances.

Also, the judiciary has over time established its independence while the legislative arms have constantly checked on the excesses of the executives.

63 years of rule of law

Save for the instances of forceful overthrow of government in 1966, 1975, 1983, 1985 and 1993, democratic administrations in Nigeria significantly obey the principles of rule of law, from strict adherence to the provisions of the constitution, acknowledgement and enforcement of human rights, independence of the judiciary and the dispensation of justice by the Courts.

Challenges

Accountability. We need to ensure that government officials, institutions and decision-making bodies are answerable to their actions and decisions. For instance, through proper audits, investigations and holding officials responsible for their actions, issues like corruption, misuse of national resources, abuse of power, ineffective governance will be properly addressed, and in the long run, there will be significant economic development, developments in public welfare and infrastructures, public trust and confidence in government and especially the judiciary,

Benefits

The benefits of upholding the principles of rule of law are innumerable. Apart from the fact that adhering to these ideas provides a working framework on how a civilised society is meant to be administered, it encourages due process, justice and fairness, transparency, accountability and solves corruption issues.

It also boosts public confidence and political stability. All these in the long run impact on the nation’s economic, financial and infrastructural growth and foreign investments sector

Tinubu administration

The administration is less than six months old, and so far, there seems to be synergy amongst the arms of government, institutional bodies and civil societies in the implementation of the principles of rule of law.

What is important is that, as the administration proceeds, members of the executive, legislative and the judiciary should refrain from arbitrary interference of the activities of each of the arms.

The administration should also ensure that there are effective checks and balances, and most importantly, the independence of the judiciary, obedience and enforcement of orders of court, protection of human rights, accountability and transparency in governance.