THE RULE OF LAW AND ITS PRACTICE IN NIGERIA: AN ASSESSMENT 13

The Rule of Law and its Practice in

Nigeria: An Assessment
Mohammed Akinola Akomolafe, PhD

Abstract
The rule of law is one of the basic concepts that may not be ruled out in
a democratic institution. It is a concept that goes hand in hand with
other concepts such as good governance and democracy. Ever since the
era of A.V. Dicey, several other scholars have nourished and contributed
to the growth of the principle of the rule of law. It is the opinion of this
study that the principle of the rule of law is intrinsically not fool-proof.
It contains some anomalies but these are not so obvious when
implementation of the spirit of the principle sets in. Taking Nigeria as a
case study, the study argues that the rule of law is at best at its vegetative
state. Thus attempts to institute good governance in Nigeria have always
proven problematic. It is agreeable that colonial rule imposed a type of
governance in the country that was anti-people in nature. By the time
the colonialists left, the local political elites have imbibed the culture of
this type of governance that puts premium on gaining political power
without considerations for accountability, rule of law and
constitutionalism. This paper argues that there is a deficit of rule of law
and good governance in the country today. This deficit can be corrected
through a viable and virile civil society, but much is dependent on the
role of a qualitative leadership. The analytic method of research is
employed to probe the meaning of rule of law and its viability in Nigeria.

Keywords: Constitution, Good Governance, Nigeria, Political

Philosophy, Rule of Law.

Introduction
APeer
perusal of the major concerns of the rule of law reveals its
affinity with other aspects of governance. In the governance of
Reviewed
any polity as a defined structure, the role of the constitution as
the legal framework within which policies and laws are
fashioned is colossal. It is the document that is often said to be
14 MAKURDI OWL JOURNAL OF PHILOSOPHY (MAJOP) VOL.2, NO.2...
the reference point especially in a constitutional democracy that
is being practiced in Nigeria taking cue from the United States
of America. The parameters for ensuring good governance
through the rule of law are well spelt out in the constitution. It
is therefore logical to conclude that the relationship between
constitutionalism, rule of law and good governance is
inseparable.1
However, this paper concerns with the rule of law, paying
attention to democracy and good governance as well. It is
therefore not surprising when Charlie Nwekeaku avers that
“these three concepts; namely, the rule of law, democracy and
good governance are so interrelated that one is tempted to liken
their relationship to that of Siamese twins. Their relationship is
so intricately linked that, sometimes, one wonders where one
stops and the other begins.”2 The rule of law is one of the cardinal
ideas latent in governance in contemporary times. There is no
doubt that the idea expressed by this phrase is meant to spell
out, without vagueness or ambiguity regarding the role of the
governing and the governed. It is therefore pertinent to ask,
what exactly is the rule of law? More so, it is necessary to
expose the main claims present in the rule of law. Another
important aspect is to reveal the connection(s) between the
phrase and what obtains in the Nigerian society.
Through the employment of the method of analysis, this
research intends to examine all the issues highlighted above.
That is why the content of this paper has four parts including
this introduction. The second divide of the study is concerned
with the main claims and the modus operandi of the rule of
law. The third section makes a critical assessment of the phrase
with the Nigerian state in mind, as the final section summarises
and concludes the entirety of the study. Let us proceed with
the main contents of the rule of law and how it relates with
democracy and good governance.

1 T.A. Ifedayo & O.B. Akomolede. “Good Governance, Rule of Law and Constitutionalism in
Nigeria”, in European Journal of Business and Social Sciences,. Vol. 1, No. 6. (2012), pg. 69.
2 Charlie Nkeaku. “The Rule of Law, Democracy and Good Governance in Nigeria”, in Global
Journal of Political Science and Administration, Vol, 1, No, 2. (2014), pg. 26.
 THE RULE OF LAW AND ITS PRACTICE IN NIGERIA: AN ASSESSMENT 15
The Rule of Law in Governance
The meanings or contents of the concept of the rule of law vary
from place to place, from earliest times to this day. To Aristotle
(1916), the rule of law is preferable to that of any individual.
During the Medieval Ages, the world was governed by laws,
human or divine, and that the king himself ought not to be
subject to man, but subject to God and to the law, because the
law makes him king. Anthony Mathew summarises the doctrine
of the rule of law as follows:
(a). that the law touching on the basic rights of citizens shall
be narrowly and precisely drafted so as to constitute a
clear guide to official actions and citizens’ conduct; and
(b). that the application and interpretation of such laws shall
be under the control of impartial courts operating
according to fair procedures.3

The rule of law simply means that law rules or reigns.4 This
presupposes a situation where everything is done in accordance
with law thereby excluding any form of arbitrariness.5 The
concept as we understand it, and as it is adopted in the
developed societies, where democracy has long been a way of
life of the people and where despotism or dictatorship is no
longer the order of the day, connotes that the citizens in
relationship amongst themselves and in relationship with the
government bodies and their agencies shall be obligated unto
the law which shall not be ignored by anyone except at his
peril, and if by the government, this will promote anarchy and
executive indiscipline capable of wrecking the organic
framework of the society.6 It is a way of preventing the abuse
of discretionary power. It accords with the dictates of reason

3 Anthony Mathews. Freedom, State Security and the Rule of Law: Dilemmas of the Apartheid
Society, (London: Sweet & Maxwell 1988), pg. 219.
4 B. Nwabueze. Nigeria’s Presidential Constitution: 1979-1983, (Ibadan: Longman Nigeria Ltd
1985), pg. 3-8.
5 Nwabueze. Nigeria’s Presidential Constitution: 1979-1983, pg. 3-8.
6 J.C.A Pat-Acholonu.. “Threats to the Jurisdiction of the Court and the Rule of Law in Nigeria.”
All Nigeria Judges Conference Papers. (Abuja: Federal Ministry of Justice 1995), pg. 43-47.
16 MAKURDI OWL JOURNAL OF PHILOSOPHY (MAJOP) VOL.2, NO.2...
that the court should use its awesome power to make the
government of the day rule by principles recognized in civilized
societies and bound by the pronouncements of the courts.7 The
main ideas in the rule of law may be reduced to three.
However, the very first attempt to reduce the idea of the
rule of law to precise legal form was by Professor A. V. Dicey
in his lecture on English Law at the University of Oxford in
1885. His definition has since become widely accepted and
authoritative of the concept.8 According to him, the concept of
the Rule of Law connotes three things. Firstly, it connotes the
“absolute supremacy or predominance of regular law as
opposed to the influence of arbitrary power and excludes the
existence of arbitrariness, of prerogative, or even of wide
discretionary authority on the part of the government. Dicey
explains further that “Englishmen are ruled by the law, and by
the law alone, a man may be punished for a breach of the law,
but he can be punished for nothing else.”9 What this means is
that governmental powers must be exercised in accordance
with the ordinary prescribed laws of the land. The courts in
Nigeria have also adhered to this principle.10
Secondly, it means equality before the law, or the equal
subjection of all classes to the ordinary laws of the land
administered by the ordinary law courts. In this sense, the
concept of the Rule of law excludes the idea of exemption of
any officials or others from the duty of obeying law which
governs other citizens or from the jurisdiction of the ordinary
tribunals or courts.11 Thus, every person, no matter his/her
status in life is subject to the ordinary law of the land. However,
Dicey himself admitted that this idea of equality before the law

7 J.C.A Pat-Acholonu.. “Threats to the Jurisdiction of the Court and the Rule of Law in Nigeria,”
pg. 43-7.
8 H. Phillips. The Constitutional Law of Great Britain and the Commonwealth, (London: Routledge
& Kegan Paul 1957), pg. 31.
9 A.V. Dicey. The Law of the Constitution, (New York: Routledge 1990), pg. 202-3
10 M.A. Mohammed & T.S. Ajepe. “Rule of Law in Nigeria”, Journal of Law, Policy and Globalization.”
Vol., 3 (2012), pg. 69.
11 A.V. Dicey. The Law of the Constitution, pg. 202-3.
 THE RULE OF LAW AND ITS PRACTICE IN NIGERIA: AN ASSESSMENT 17
ought to be subjected to some modifications in view of the fact
that some Acts of Parliament had given judicial or quasi-judicial
powers to executive authorities. There are also some exemptions
from liability based on public policy granted to judicial officers
such as the president, vice president, state governors and deputy
governors, legislators, members of diplomatic corps, public
officers, etc. A further limitation to this second definition of the
concept of the Rule of Law by Dicey is the fact that there are
numerous tribunals established in Nigeria which in the real
sense of the word, are no courts as envisaged by Dicey.
Thirdly, according to Dicey, the rule of law may be used as
a formula for expressing the fact that with us, the laws of the
constitution, the rules which in foreign countries naturally form
part of a constitutional case are not the source but the
consequence of the right of individuals as defined and enforced
by the court. In other words, in Dicey’s view, the doctrine of
the Rule of Law may be said to mean the existence and
enforcement of certain minimum rights usually preserved by
the Constitution. These rights are found in most national
constitutions as in Chapter Four of the 1999 Constitution of
the Federal Republic of Nigeria (as amended), African Charter
on Human and Peoples’ Rights and other regional and
international bills of rights.
From Dicey’s three meanings, it could be inferred that in
any given society, before the Rule of Law could be said to exist,
the following must be in place:
(a) supremacy of written regular law made by the
lawmakers;
(b) certainty and regularity of law;
(c) absence of arbitrary or wide discretionary powers of
governments or its agencies;
(d) equality before the law;
(e) administration of the law by the ordinary law courts;
and
(f) enforcement of some minimum rights.
18 MAKURDI OWL JOURNAL OF PHILOSOPHY (MAJOP) VOL.2, NO.2...
The rule of law is not the exclusive preserve of any single
government, it transverses all actions and jurisdiction. It is a
universal concept. This is because the International Commission
of Jurists has on at least three occasions, attempted to throw
light on the doctrine. In 1955, in Athens, the Commission
declared that the rule of law means that law must bind the
state like the governed; all governments must respect
individual’s rights and provide effective means of enforcing
such rights; that judges must adhere to the rule of law and
adjudicate without fear or favour. They must resist attempts
from any quarters to jeopardize their independence in the
performance of their duties. Lawyers all over the world must
guide the independence of their profession and uphold the rule
of law in the practice of their profession.12
The doctrine of the Rule of Law is one of the pillars upon
which true democracy and good governance is established.
Historically, the concept is rooted upon the theories of early
philosophers, who in their own ways proffered various
definitions to the doctrine. Aristotle expressed the view that
the Rule of Law was preferable to that of any individual.13 The
rule of law, according to Agu, is a dynamic concept and
principle which is employed not only to safeguard and advance
the civil and political rights of the individual in a free society,
but it is also used to establish social, economic and cultural
conditions under which his legitimate aspirations and dignity
may be realized.14 In another breadth, John Locke commented
on the concept of the Rule of Law thus: “Freedom of men under
government is to have a standing rule to live by, common to
everyone of that society and made by the legislative power
created in it, and not to be subject to the inconstant, unknown,
arbitrary will of another man.”15 What John Locke means in
essence was that the Rule of Law meant that all governmental
12 M.A. Mohammed & T.S. Ajepe. “Rule of Law in Nigeria”, pg. 2
13 Aristotle. Politics III, (Translation Jowett, ed. Davis). (New York: Routledge 1916), pg. 139.
14 G.A. Agu. Democracy, Human Rights and Rule of Law in Nigeria: Myths and Realities,
(Makurdi: Destiny Ventures 2009).
15 John Locke. An Study Concerning the True Original Extent and End of Civil Government,
(London: Awnsham Churchill 1690).
 THE RULE OF LAW AND ITS PRACTICE IN NIGERIA: AN ASSESSMENT 19
powers were to be exercised and determined by reasonably laid
down laws and not by the whims and caprices of anybody or
authority.16
So far, this study has been able to take a look at the concept
of the rule of law from different perspectives. It is therefore not
a surprise especially when we come to realise that the prime
aim of the discourse is to make a critical evaluation of the
concept. The next section does justice to this as we proceed
therein shortly.

The Applicability of the Rule of Law in Contemporary

Nigeria: A Historical Review and Assessment
In this section, our focus is to take a critical look at the notion
of the rule of law from the dimension of the Nigerian experience.
An assessment of the rule of law is incomplete without giving
it a concrete assessment to see if these ideas may actually be
practiced in reality. So, let us take a rough sketch of the Nigerian
situation.
What has been the lot of the concept of the rule of law in
Nigeria? Has it been upheld as supreme or has it suffered
bashing from the various governments irrespective of their
political toga, be it military or civilian? In order to appreciate
how well or how bad the rule of law has feared in Nigeria, the
concept would be treated under two periods; namely, military
and civil rules. Military administration is necessarily a regime
of force. Its manner of coming to power is usually a forceful
entry into governance, usurpation of the existing political and
constitutional order in a manner not contemplated by the
constitution. The Constitutions in Nigeria, starting from 1960
to the present 1999 constitution (amended) have always
provided for democratically elected governments.17
Nigeria has so far experienced a long period of military rule
from 1966 to 1998, with only intermittent civil governance.
However, what is striking is the fact that on attaining power
16 D.O. Aihe. Selected Studys on Nigerian Constitutional Law. (Idodo: Umeh Publishers Ltd
2005), pg. 19.
17 M.A. Mohammed & T.S. Ajepe. “Rule of Law in Nigeria”, pg. 4.
20 MAKURDI OWL JOURNAL OF PHILOSOPHY (MAJOP) VOL.2, NO.2...
through the barrel of the gun as against the ballot box, the
military junta usually proclaimed the rule of law as the
cornerstone of their administration.18 For example, the late
Major General Idiagbon of the Buhari/Idiabgon Military era
(1984 –1985) alluded to the rule of law when he stated that,
“…stable government is absolutely impossible anywhere in the
world if the governed are denied their rights and they have
nowhere else to seek redress.”19 Events have, however, shown
that military leaders only paid lip service to the rule of law.20
In Nigeria, starting from the First Republic, all democratic
processes were brought to a complete halt following the military
coup d’état of January 1, 1966. Although Decree No. 1 of 1966
left large part of the 1963 Constitution intact, including Chapter
3 which dealt with Fundamental Human Rights, thus
safeguarding (at least in theory), the rule of law. However,
Section 6 of Decree No. 1 of 1966 provides inter alia: “No court
of law shall question the validity of any decree or edict.”21 This,
in effect, means that no action of the executive can be challenged
in court under a military dictatorship.
Subsequently, the Nigerian military ruled by decrees which
are patently unconstitutional and are often flagrant violation
of the principles of the rule of law guaranteed to the people
under the constitution. So, it is clear that gross violation of the
principles of the rule of law came into sharper focus under
military regimes in Nigeria. Unfortunately, however, it recurs
under democratic rules in the country. Under the 1979
Constitution of the Federal Republic of Nigeria, the situation in
which arbitrary use of power by those in government was most
evident was in application of the doctrine of Nolle Prosequi.
The common law doctrine of nolle prosequi simply means
unwilling to prosecute. It is a motion by the plaintiff in a civil
suit or by the prosecution in a criminal action, by which he

18 F. Agbaje. “The Rule of Law and the Third Republic.” Fundamental Legal Issues in Nigeria,
N.L.R.ED. P Series 1995, No. 1, 45., pg. 21.
19 M.A. Mohammed & T.S. Ajepe, “Rule of Law in Nigeria”, pg. 4.
20 M.A. Mohammed & T.S. Ajepe, “Rule of Law in Nigeria”, pg. 5.
21 See The Nigerian Decree No. 1 of 1966.
 THE RULE OF LAW AND ITS PRACTICE IN NIGERIA: AN ASSESSMENT 21
declares that he will no further prosecute the case, either as to
some of the defendants or altogether.22
By this doctrine, in a criminal case, the prosecution may stay
or discontinue the proceeding at any stage before the delivery
of judgement, in respect of the accused person or persons, or in
respect of only one or some of them. This is what obtains under
the Constitutional Convention of Great Britain, along which
the Nigerian Legal System was fashioned. Under the
convention, the Director of Public Prosecution (DPP) exercises
nolle prosequi. The reason for this is based on the fact that the
DPP is supposed to be an independent umpire, whose duty is
that of protecting the state and the public, by ensuring that
only people who actually commit crimes are prosecuted
Thus, the DPP has unencumbered discretion to determine
cases which shall be prosecuted, and those that should not,
and in respect of cases where criminal prosecution has
commenced, either by himself or any other persons or bodies,
whether they shall be discontinued. 23 There are several
justifications for the delegation of power to the DPP. However,
the prominent reason has been adduced to the rational that
the then Attorney-General being a member of a political party
is less likely to be faithful in protecting and preserving public
interests.24
Under the Independence Constitution of 1960, this practice
was incorporated in Section 97(5), which provided that the
DPP of the federation shall have power in any case to
discontinue at any stage before judgement is delivered in any
such criminal proceedings instituted or undertaken by himself
or any other person or authority (S.97 (5), 1960 Constitution of
the Federal Republic of Nigeria).
In the Republican Constitution of 1963, by Section 104, the
office of the DPP was retained, but the office of the Attorney-
General was superimposed over it. Thus, the power to

22 O. Adekoya. “The Doctrine of Nolle Prosequi: The Nigerian Experience.” The Jurist (Journal of
the Law Students’ Association of Ogun State University), Vol. 3, (1990) pg. 41.
23 O. Adekoya. “The Doctrine of Nolle Prosequi: The Nigerian Experience”, pg. 42.
24 See The Guardian, October 18, 1988.
22 MAKURDI OWL JOURNAL OF PHILOSOPHY (MAJOP) VOL.2, NO.2...
discontinue criminal prosecutions hitherto exercised solely by
the office of the DPP was now exercised by the Attorney-
General. In the same vein, under the 1979 Constitution, the
position of the 1963 Constitution was expressly provided for
unambiguously in Sections 160 and 191 respectively (of the 1979
Constitution as amended). This power is also provided for in
the Criminal Procedure Act, 1958.
Under the 1979 Constitution, the Attorney-General still
exercised Nolle Prosequi. However, the continued vesting of this
enormous power in the Attorney-General, who plays a dual
role of a politician and a Chief Law Officer, has raised serious
questions, criticisms and fear. The fear emanates from the
partisan exercise of the power and its abuse. There was a report
about an Attorney-General in one of the states in 1982 who
filed a nolle on behalf a client whom he had been representing
in the Magistrate Court before he was appointed into office.25
Also, during the Second Republic in Ondo State, nolle was
entered in respect of some accused persons because they
belonged to the party in power. Another instance was in the
then Bendel State in 1982. The then Commissioner of Police for
that state, irked by the rate at which the state Attorney-General
entered nolle on filmsy excuses, called a Press Conference to
disclose this to the public.26 The only defence to that allegation
in a counter Press Conference called by the Attorney General
was that the test to be adopted under Section 191 of the 1979
Constitution is according to his (A-G’s) own judgement.
In the Fourth Republic, under the 1999 Constitution, a nolle
was also entered by the then Oyo State Attorney-General in
the murder case of the former Minister of Justice and Attorney-
General of the Federation, Chief Bola Ige in a controversial
circumstance. Lead prosecution counsel in the trial of suspects
charge for the murder, Chief Debo Akande (SAN) had to
withdraw from the case citing his displeasure with the decision
of the Attorney-General to enter a nolle in favour of the accused

25 see The New Nigerian, June 5, 1982.

26 See The National Concord, July 15, 1982, pg. 1.
 THE RULE OF LAW AND ITS PRACTICE IN NIGERIA: AN ASSESSMENT 23
persons without consulting him. The A-G, however, said he
needed not seek the opinion of anybody before entering a nolle
prosequi. There are other numerous analogous examples.
As could be seen from the above experiences, therefore, the
claim that the supremacy of the law is an important element of
the rule of law is a falsity in the Nigerian democratic practices.
The Nigerian leaders behave as if they are naked emperors and
have nothing binding on them. The consequences are that we
have leaders who deliberately and perversely undermine the
democratic system. If they are elected (or selected), they seek to
control the legislature and the judiciary. They assume a “larger
than life” role in imposing their limited world-view on the
nation in outright disregard of the laws governing the people.27
That is why the immunity clause in section 308 of the 1999
Constitution is an official license for the presidents, vice-
presidents, governors and their deputies to breach the law at
will.
Experiences have shown that the exclusion of these
categories of public office holders from civil or criminal
proceedings while in office is a way of encouraging mass
corruption and embezzlement of public funds by politicians.
Unfortunately, Nigerian courts have extended this privilege to
these public office holders after leaving office, thereby making
it impossible to bring actions against their unlawful activities
while in office. In a situation where the political class considers
being in government a privilege, and not a responsibility, giving
the public office holders this type of privilege is not in the best
interest of the society.
Another element of the rule of law which has been greatly
bashed under the Nigerian democratic experience since 1999
is the idea of equality before the law. Are Nigerians really equal
before the law? Can the poor cohabit with the rich? Are the
poor not trampled upon before the law? It has been provided
in section 14 sub-section (1) of the Nigerian Constitution (1999),
that the Federal Republic of Nigeria shall be a state based on
27 B. Kwaghga. “Rule of Law in Nigeria and Challenges to Good Governance”, Journal of
Management and Corporate Governance, Vol. 3 (2011), pg. 4.
24 MAKURDI OWL JOURNAL OF PHILOSOPHY (MAJOP) VOL.2, NO.2...
the principle of democracy and social justice. However, does
this principle reflect in the Nigerian society? For instance, can
the families of those six innocent young Nigerians who were
slaughtered by the police in Apo village in Abuja in August
2005 claim justice in Nigeria? After several years of the struggle
for justice, has the Nigerian government heard the cry of
anguish of their families? Can the poor claim justice in Nigeria?
For instance, can the former and serving governors be subjected
to justice and same treatment as ordinary Nigerians? Can there
be a rule of law without adequate security for Nigerian people?
In the face of growing insecurity (kidnappings, armed banditry,
extra-judicial killings by the police, etc.), is it true to say there
are law and order in Nigeria? It is inconceivable how she could
be subjected to severe physical molestation on account of her
not giving way for a navy admiral’s convoy. This was not only
callous, barbaric but an unnecessary display of high
headedness, under a democratic setting like ours.28
Going by numerous such instances, one can say that what
we have in Nigeria today is the rule of anarchy, rule of the
jungle or rule of the guile.29 An order in which the majority of
the people have no stake and see no justice is ultimately
unenviable. For as long as there is no just order standing on
negotiated consensus, our democracy cannot be a precursor of
the rule of law, and our continuous claim to it would be mere
pretensions. The application of the rule of law in Nigerian
democracy is clearly bound up with class relations. Law in
Nigeria is part of the superstructure adapting itself to the
necessities of an infrastructure of productive forces and
productive relations. As such, it is clearly an instrument of ruling
class. It defines and defends the ruling class’ claim upon power
and authority, resources and property relations. It determines
who controls what, when and how, and mediates class relations
and the struggle for power with a set of appropriate rules and
sanctions, all of which ultimately confirm and consolidate

28 B. Kwaghga. “Rule of Law in Nigeria and Challenges to Good Governance”, pg. 5.

29 M. H. Kukah. “Democracy and Good Governance.” In Ayodele E. (ed.) Africa: National Unity,
Stability and Development (Ibadan: Sibon 1998).
 THE RULE OF LAW AND ITS PRACTICE IN NIGERIA: AN ASSESSMENT 25
existing class hegemony.
Hence, the rule of law in Nigeria is a mask for the rule of a
class - its stronghold in the control of power under any given
regime (democracy or authoritarian rule). The application of
the rule of law in Nigeria has established an unwholesome social
and political order in which the rich prey on the poor, the
politicians on the electorate, the governments on the citizens,
the capitalists on the workers, the police on the hapless and
defenceless citizenry, etc. The whole country has thus become
a huge carcass for bite whose flesh tigers and lions, dogs and
leopards, crocodiles and maggots engage in a deadly and
ceaseless scramble for.30

Conclusion
This study has been concerned with the concept of the rule of
law. We commenced by showing the origin, meaning and scope
of the rule of law as propounded by A.V. Dicey and several
other scholars. The aim of this exercise has been to make a
critical evaluation of the concept. This is why we narrowed
down our examination to the concrete scenarios of the Nigerian
state which belittles the possibility of the faithful practice and
implementation of the principle.
It is the submission of this study that basically, to ensure
good governance anchored on the rule of law, the rulers and
the ruled must submit to the ethos of civil society. Civil society
refers to the people’s own organizations outside government
that interacts and relate on the basis of social values and culture
of the society. These are organizations that operate outside the
purview of the state and they include the media, voluntary
associations, student unions, community development
associations and other associational groups and Non-
Governmental Organisation (NGOs), in general. According to
Kukha, “the civil society is an arena where manifold social
monuments and civic organizations from all classes attempt to
constitute themselves in an ensemble of arrangements so that

30 B. Kwaghga. “Rule of Law in Nigeria and Challenges to Good Governance”, pg. 6.

26 MAKURDI OWL JOURNAL OF PHILOSOPHY (MAJOP) VOL.2, NO.2...
they can express themselves and advance their interests.”31 Agu
has added to the discourse on civil society when she stated
that “it is that segment of the society that interacts, yet it is
distinct from the state.”32
The importance of civil society in electoral politics, rule of
law and democracy in Nigeria can be gleaned from the
experience of Western Europe. There, the French Revolution is
said to have taken place as a result of intellectual and literary
exchange of ideas for social and political change in salons and
coffee houses in France. The reality of the experience of Western
Europe in general shows that civil society emerged as a counter
weight to monarchical and semi-feudal institutions that
continued to treat the political arena as the private domain of
kings.33 As important as civil society is to the consolidation of a
viable democratic system in Nigeria, its activity could either be
integrative or disintegrative of society. The activities are
integrative when they are seen as acting as a critical check on
authoritarian rule. So, the nurturing of civil society within the
Nigerian polity could be the most effective means a controlling
repeated abuses of the state power, holding rulers accountable
to their citizens and thus, establishing the foundation for a
sustainable democratic system of government in Nigeria.

31 M. H. Kukah. “Democracy and Good Governance”, Pg. 79.

32 G.A. Agu. Democracy, Human Rights and Rule of Law in Nigeria: Myths and Realities, pg. 281.
33 M. H. Kukah. “Democracy and Good Governance”, pg. 79.
 THE RULE OF LAW AND ITS PRACTICE IN NIGERIA: AN ASSESSMENT 27
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