Rule of law and governance in nigeria pdf

The project is also concerned about support to project states on criminal justice reform advocacy. Eight 8 pillars of good governance for nigeria research cyber. Towards the rule of law and good governance in nigeria. The indirect rule system was introduced to nigeria by lord frederick lugard, known as the father of indirect rule in nigeria. The programme is aimed at providing legal protection for womens rights, access to justice, and fight against domestic violence and promote human dignity and respect for the rights of women rule of law and access to justice. Professor arthur bonfield of the university of iowa college of law believes that a proper study of the state administrative process would pay. May 05, 2020 the programme is aimed at providing legal protection for womens rights, access to justice, and fight against domestic violence and promote human dignity and respect for the rights of women rule of law and access to justice. In the context of nigeria, the question of ethical governance can be examined against the background of the inconsistency and hypocrisy in the application. Indirect rule in nigeria overview, reasons and results. Handbook as they addressed thorny problems confronting governance and rule of law here. Challenges to the rule of aw in africa 7 executive summary the workshop on challenges to the rule of law in africa took place on 12 april 2016 in pretoria, south africa. Pdf on aug 29, 20, tajudeen sanni and others published port governance and rule of law in nigeria and kenya find, read and cite all the research you need on researchgate.

This paper examines the tripartite concepts of constitutionalism, rule of law. Ineffective policies can persist, while potentially effective policies are often not adopted. Good governance theory and the quest for good governance. In this sense, the concept of good governance means self governance. Introduction hese three concepts, namely, the rule of law, democracy and good governance are so interrelated that one is tempted to liken. The rule of law, democracy and good governance in nigeria charlie nwekeaku, phd department of public administration, nasarawa state university, keffi.

Introduction i have written extensively about the rule of law for two basic reasons. The rule of law refers to a principle of governance in which all persons, institutions. Rule of law thus provides theoretical foundation for the good governance as it provides an instrument to prevent arbitrary. The rule of law as fundamental condition for democracy and good governance in nigeria this topic encapsulates both legal and political issues and i suspect that the organizers may have been influenced by the consideration that i am both a legal and political person. Advancing justice, governance and law for environmental sustainability hunger. It encapsulates such ideals as government according to the law, equality before the law and the independence, and autonomy of the judiciary among others. Norad was requested to undertake the study by the norwegian embassy in nigeria. Research, like the worldwide governance indicators, defines the rule of law as. Nigeria is an african nation and in particular, a member of ecowas. Governance and the law explores why some policies fail to achieve desired outcomes and what makes other policies work. Democracy, corruption and the rule of law in nigeria. The rule of law, a basic and dynamic legal concept, which formed the kernel of british democracy, was adopted in nigeria. Corporate governance in nigeria1 nigerian law guru. The codes and rules which also regulate corporate governance in nigeria.

Our findings indicate that in principle, democracy and the rule of law are elaborately provided in. Introduction the meaning or content of the concept of the rule of law vary from place to place, and from earlier times. On the whole, looking at the supremacy of the constitution and governance in nigeria, it is instructive to note that there has been poor culture of constitutionalism in nigeria. All efforts by successive civilian governments to entrench true democracy and good governance in the country seem to have met brick walls in which for every gained step.

The late chief justice sir adetokunbo ademola told the african conference on the rule of law, in lagos in 1961, that the rule of law is not a western idea, nor is it linked up with any economic or social. Introduction on 29th may, 1999, there was a change of baton in the leadership and governance in nigeria from military to civil administration. This article will examine the ideal place of rule of law in governance vis avis the nigerian experience both under democratic and military governance. The rule of law in governance in nigeria nwogu nnamdi. The search for good governance in nigeria is premised on the need to ensure that the resources of the state are well managed and used for the welfare of all nigerian citizens. Rule of law in nigeria akanbi journal of law, policy. After independence, private ownership of land b y individuals, families. All these can be done when there is the observance of the rule of law and the supremacy of the constitution. Governments must acknowledge that the rule of law is effective regulatory machinery that brings order and good governance to any society. The fouryear project, running from now until 2021, aims to enhance good governance in the country by contributing to strengthening the rule of law, curbing corruption and reducing impunity. The study highlights that after the return of civil rule in 1999, democracy has not achieved good governance in nigeria. This thesis draws on the paradigms of good governance and articulates their applicability. Good governance theory and the quest for good governance in. The rule of law in governance in nigeria the rule of law is a liberty centred constitutional concept which stipulates that everything must be done in accordance with the law.

Some law professors understandably disagree with a purely federal approach to understanding administrative law. To aristotle, the rule of law is preferable to that of any individual, while bracton, writing in the th century. Professor arthur bonfield of the university of iowa college of law believes that a proper study of the state administrative process would pay large dividends for both students and professors. Global journal of political science and administration.

Pdf port governance and rule of law in nigeria and kenya. Democracy requires a rule of law framework in order to govern the interaction and coexistence of all citizens. Strengthening the rule of law, curbing corruption and. It can, therefore, be concluded that leaders in nigeria have turned the rule of law to mere myth in the nigerian constitution.

Chatu mongol sonakul, governor, bank of thailand, corporate governance and globalization, opening address at. Good governance, poor governance, responsible leadership, rule. Rule of law development is particularly important to the comprehensive civilmilitary approach adopted by nato and isaf members at lisbon in order to set conditions for transition of security. Jan 21, 2014 nigeria is an african nation and in particular, a member of ecowas.

Thus, in the colonial era, the constitution, where it existed, rather than being an instrument of empowerment was an. The objective of this paper is to find out the extent democracy and the rule of law has influenced good governance in nigeria. The westminster parliamentary system recognized the supremacy of law. Good governance, poor governance, responsible leadership, rule of law, transparency, zero corruption tolerance. The purpose of the workshop was to identify the challenges that confront african union au member states with respect to the rule.

Corruption pervades all level of government in nigeria, causing a massive strain on public resources and eroding citizen trust and confidence in the system. A strong and established regime of the rule of law will do more to advance nigerias ailing economy, win foreign investor confidence, strengthen political culture in nigeria and attract much needed investment into the critical sectors of the economy. Imperatives for sustainable development in nigeria adeejatkubra adenike kolawole department of private law, faculty of law, olabisi onabanjo university, agoiwoye, ogun state, nigeria. Good governance, constitutionalism and the rule of law. When addressing the rule of law and democracy nexus, a fundamental distinction has to be drawn between rule by law, whereby law is an instrument of government and government is considered above the law, and rule of law, which implies that everyone in society is bound by the law, including the government. However, in 1966, the rule of law was forcibly replaced by the rule of force. Democracy provides a conducive and stimulating environment for the rule of law to thrive, while the rule of law sustains democracy. Good governance is, among other things, participatory, transparent and accountable, effective and equitable, and it promotes the rule of law. After 55 years of political independence, nigeria continues to grapple with the challenges of democratic transformation and good governance. Rule of law fundamental for democracy, good governance in. The country is beset with excessive corruption, acute unemployment, poverty, ethnoreligious conflicts and lack of infrastructural facilities. Nigeria public service rule download pdf november 28, 2019 april 18, 2019 by ask nigeria public service rule is principally intended to update the rules, regulations, and procedures in the public service and bring them in line with the current trend in governance.

After independence, private ownership of land b y individuals, families and communities was the predominant land. Aug 08, 2007 democracy requires a rule of law framework in order to govern the interaction and coexistence of all citizens. Rule of law, nigeria, military, democratic governance, constitution i. This statement is repeated in paragraph 252 under means of implementation, highlighting the essential role accorded to law, governance and implicitly the pursuit of just societies in. The financial reporting council nigeria act, 2011 frcn establishes the financial reporting council. In the context of nigeria, the question of ethical governance can be examined against the background of the inconsistency and hypocrisy in the application of the rule of law and the fight against. In this writeup, you will learn one or two things about the rule of law in nigeria and what it is all about. At the great ife alumni association 21st biennial convention lecture held at great oduduwa hall, oau ife, 23rd may, 2014 preamble the rule of law is not a mere adornment to development. The importance of the rule of law and good governance in africa by vernon mwaanga on january 29, 2018 african leaders have been meeting yet again in addis ababa, ethiopia, under the umbrella of the african union, to discuss many issues, which are of importance to the people of africa. Good governance, on the other hand, promotes and strengthens both democracy and the rule of law in every modern society. This governance profile is thus prepared with background research from nigerias socioeconomic and political history. Rebuilding the rule of law in postconflict environments. The experience in nigeria is to the contrary as successive administration in the country often violated the concept with carelessness and recklessness.

This paper examines the tripartite concepts of constitutionalism, rule of law and good governance in africa taking nigeria as the case study. The council has powers to establish a directorate of corporate governance which has the responsibility to develop both principles and practices of corporate governance. Jan 29, 2018 the importance of the rule of law and good governance in africa by vernon mwaanga on january 29, 2018 african leaders have been meeting yet again in addis ababa, ethiopia, under the umbrella of the african union, to discuss many issues, which are of importance to the people of africa. The rule of law is expected to be the guiding principle of governance since it is the foundation of good governance.

The importance of the rule of law and good governance in africa. It therefore recommends that good governance should be embraced in nigeria through governance reforms and by adopting the timetested principles of good governance theory. But the rule of law and democratic process in nigeria is not without taxing. Thus, in the colonial era, the constitution, where it existed, rather than being an instrument of empowerment was an instrument of domination. This thesis draws on the paradigms of good governance and articulates their applicability to the nigerian political and cultural context. Pdf a conceptual analysis of the rule of law in nigeria. The rule of law in governance in nigeria abstract the rule of law is a liberty centred constitutional concept which stipulates that everything must be done in accordance with the law. The study makes recommendations for norways strategic approach to governance in nigeria based on a political economy analysis. Nigeria, but in practice, good governance still eludes the country. Promoting the rule of law through evaluation and performance. There is equally no doubt that the rule of law in nigeria as of today is.

Ethics and governance, the rule of law and anticorruption. The rule of law has been considered as one of the key dimensions that determine the quality and good governance of a country. Nigeria gained independence from colonial rule in 1960 and became a republic in 1963. Chatu mongol sonakul, governor, bank of thailand, corporate governance and globalization, opening address at the asian economic crisis and corporate governance. By guaranteeing civil rights, the rule of law also creates the basic conditions in which individuals can pursue their own personal development as they choose.

Apr 18, 20 the rule of law as fundamental condition for democracy and good governance in nigeria this topic encapsulates both legal and political issues and i suspect that the organizers may have been influenced by the consideration that i am both a legal and political person. Rule of law in nigeria akanbi journal of law, policy and. I will therefore strive to do justice to the topic. Importance of the rule of law in sustaining democracy and ensuring good governance, in agbe, m. Numerous key studies such as aprm report on nigeria, unecas african governance report, nigeria aprm country selfassessment report.