IS THERE ANYTHING LIKE THE RULE OF LAW IN NIGERIA? BY UWAKWE ROLAND

Recently I went to a mechanic workshop with a friend who is a lawyer in Equity to do some repairs and as the car was being fixed we joined about four men who were having conversation about the problems in Nigeria under the nearby tree. You recall that it was Chinua Achebe who in 1983 said that whenever two Nigerians meet, their conversation will sooner or later slide into a litany of our national deficiencies.

The major argument in their conversation was that there was nothing like law in Nigeria. At first we pretended as if we don’t know what they are talking about, however when it got to a point when there was consensus among the discussants that Nigeria is a nation without a law, with beautiful arguments though, my friend became agitated and wanted to prove his knowledge of law, I humbly asked him not to because they will not appreciate his fine theoretical viewpoints.

The rule of law is the legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials. Rule of law implies that every citizen is subject to the law, including law makers themselves and the executors of the law. Every decision, position or acts done should be within the confines of the rule of law. John Locke, Thomas Hobbes, Jean Jacques Rousseau and other old time philosophers submitted that everybody including the king should be govern by the rule of law or the ‘logic of fish’ would take over.( the logic of fish is where the big ones would eat up all the little ones)

 When we were going back home I began to ask my friend how he will explain to laymen that there is such thing as the rule of law.  How can there be rule of law when in several circumstances the President who ought to be the custodian of our laws has violated several court judgments, the classical ones being the refusal to release the persons who the courts have granted bail, how can there be rule of law when the director of EFCC who ought to work under the ambits of the law has continue to call lawyers all kinds of name for performing their constitutional rights, how do you explain to  a lay man that the law exist when police and other security personnel, who are meant to protect and enforce the law use their siren to terrify the masses on the highways, most times violating terrific laws.

How can you explain that  the rule of law exist when the constitution expressly created three tire of government but in practice we have two, how can you say there is rule of law when the political officer holders who we entrusted our commonwealth to manage expects us to thank them for doing what they are supposed to do and which they are also paid for, how can you tell someone in Imo state that the rule of law exist when the governor can just wake up one morning, take over your land with short or no notice and at the end no compensation is paid.

Yes, we cannot denial that the rule of law exists in pages of our laws but what is the practice. The rule of law in Nigeria is in consonance with the Marxist legal perspective which presupposes that law exists to protect the ruling class or better still the Bourgeoisies. This is why the better way not be jailed in Nigeria is to steal as much money as possible so that you can negotiate a way out, maybe through a plea bargain. In sane societies where the rule of law is in operation persons in the present government should have resigned for failing in all their campaign promises, was it not in Great Britain recently that the PM resigned because majority of Britons voted to be out of the European Union.

The rule of law exists in the eyes of the Government, the Lawyer and some few educated men, however the ordinary man on the street sees the of law as an instrument to curtail and checkmate them so that the rich can continue to enjoy their wealth, until we build a society that makes everybody have sense of belonging peace will continue to be far away from us.
PHOTO CREDIT: INTERNET