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LIMITATION ON THE PRINCIPLES OF RULE OC LAW IN NIGERIA

What you need to take note on about the limitation of rule of law in Nigeria.

CHAMAN LAW FIRM

5/11/20242 min read

The rule of law is a fundamental principle that ensures that a society is governed by a set of laws that are fair, just, and impartial. It implies that all individuals, regardless of their status or position, are subject to the law and that no one is above it. In Nigeria, the rule of law is enshrined in the Constitution and is meant to provide a framework for the protection of citizens’ rights and the promotion of justice.

However, there are certain limitations and challenges that hinder the effective implementation of the rule of law in the country. One major limitation of the rule of law in Nigeria is the issue of corruption. corruption has deeply penetrated various sectors of Nigerian society, including the judiciary, law enforcement agencies, and government institutions. This undermines the rule of law by creating a culture of impunity and eroding public trust in the justice system. For example, high-profile corruption cases often face challenges in prosecution due to political interference, bribery, or intimidation of witnesses. The lack of accountability for corrupt practices weakens the rule of law and undermines the effectiveness of legal institutions.

Another limitation is the slow and inefficient judicial system. Nigeria’s judiciary is often plagued by delay in the dispensation of justice, leading to a backlog of cases and prolonged periods of pretrial detention. This not only violates the principle of timely justice but also denies individuals their right to a fair trial. For instance, the case of Dasuki, a former National Security Adviser, who was detained for over four highlights of the slow pace of justice in Nigeria. Such delays years without triconfidence the legal system and create a perception of favoritism or bias.

Furthermore, there is a lack of access to justice for many Nigerians, particularly those in marginalized and rural communities. The high cost of legal services, limited availability of legal aid, and inadequate infrastructure contribute to this challenge. As a result, many individuals are unable to assert their rights or seek redress for grievances, thereby undermining the principle of equality before the law. For dispute, the lack of affordable legal representation often leaves example, dispute vulnerable communities at the mercy of powerful individuals or corporations.

Additionally, the rule of law in Nigeria is sometimes compromised by human rights violations perpetrated by security forces. Instances of extrajudicial killings, arbitrary arrests, and torture have been reported. These actions not only violate the rights of individuals but also erode public trust in law enforcement agencies. The case of the Nigerian Army’s involvement in the killing of peaceful protesters during the #EndSARS protests in 2020 exemplifies this violation of human rights and the disregard for the rule of law.

In conclusion, while the rule of law is a fundamental principle in Nigeria, there are significant limitations that hinder its effective implementation. Corruption, inefficiencies in the judicial system, limited access to justice, and human rights violations all contribute to the erosion of the rule of law. Addressing these challenges requires comprehensive reforms, including strengthening ant-corruption measures, improving the efficiency of the judicial system, enhancing access to justice, and ensuring accountability

for human rights abuses. Only through these efforts can Nigeria truly uphold the rule of law and promote a just and equitable society.