THE EFFECTS OF THE RULE OF LAW ON DEMOCRACTIC CONSOLIDATION IN NIGERIA: A CASE STUDY OF THE FOURTH REPUBLIC

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THE EFFECTS OF THE RULE OF LAW ON DEMOCRACTIC CONSOLIDATION IN NIGERIA: A CASE STUDY OF THE FOURTH REPUBLIC

TABLE OF CONTENTS

TITLE PAGE                                                                                                                        PAGES

CERTIFICATION………………………………………………………………………………………………….. ii

ACKNOWLEGEMENT………………………………………………………………………………………….. iii

ABSTRACT……………………………………………………………………………………………………………. iv

TABLE OF CONTENTS………………………………………………………………………………………… v-vi

CHAPTER ONE:

  1. Background to the study………………………………………………………………………………… 1
    1. Statement of problem………………………………………………………………………………………. 3
    1. Objective of the study……………………………………………………………………………………….. 3
    1. Significance of the study………………………………………………………………………………….. 4
    1. Scope of the study…………………………………………………………………………………………… 4
    1. Limitation of the study………………………………………………………………………………………. 4
    1. Research Questions…………………………………………………………………………………………… 4
    1. Research Hypothesis………………………………………………………………………………………… 5
    1. Research methodology………………………………………………………………………………………. 5
    1. Definition of terms………………………………………………………………………………………………. 5
    1. Organization of Chapters………………………………………………………………………………….. 6

References…………………………………………………………………………………………………………………… 8

CHAPTER TWO: LITERATURE REVIEW AND THEORETCIAL FRAMEWORK

  • Literature review………………………………………………………………………………………… 9
    • Theoretical framework……………………………………………………………………………….. 20
    • Failure of democratic experiment in Nigeria………………………………………………… 23
    • Consolidation of democracy in Nigeria………………………………………………………… 25

References………………………………………………………………………………………………………………. 27

CHAPTER THREE: ORIGIN OF DEMOCRACY IN NIGERIA AND PAST EFFECTS OF RULE OF LAW

  • Introduction………………………………………………………………………………………………………… 28
    • Democracy and rule of law in the fourth republic……………………………………………….. 29.
    • Democracy as a means to sustain peace…………………………………………………………… 32
  • Consolidation of democracy in Nigeria………………………………………………………………. 34

Reference………………………………………………………………………………………………………………….. 39

CHAPTER FOUR: THE IMPACT OF RULE OF LAW AND IMPEACHMENT CASE

  • Impeachment in Nigeria……………………………………………………………………………………….. 37
  • Impeachment in Nigerians fourth republic…………………………………………………………….. 37
    • Impeachment of Rashidi Ladoja of Oyo State………………………………………………………. 38

References…………………………………………………………………………………………………………………. 47

CHAPTER FIVE: SUMMARY AND CONCLUSIONS AND RECOMMENDATION

  • Summary………………………………………………………………………………………………………………. 43
  • Conclusion and Recommendation………………………………………………………………………… 45
    • Bibliography…………………………………………………………………………………………………………. 49

CHAPTER ONE

  1. BACKGROUND OF THE STUDY

The rule of law stipulates the supremacy of the constitution over and above any individual or groups such that everybody is subject to the law of the land, especially in a democratic society. Irrespective of the position of an individual might be, he must obey and respect the constitution as much as uphold the tenets of the laid down rules and regulations, especially when one considers that man is governed by law since the establishment of the state.

According to the anarchist men who lived during law of nature prior to the emergence of the state, the state was poor, bad nasty and brutish such that it was a survival of the fittest, the strong against the weak, and the rich against the poor. It was the emergence of the state that brought about rules and

regulations, man as a rational being therefore has a way of setting rules for themselves unlike the lesser animals that did not subject themselves to any specific rule and regulation.

Before delving into how to consolidate and sustain democracy in Nigeria, it is imperative to examine the basic arguments for its enthronement and highlight the general conditions which extend the frontiers of democracy. Indeed the desire of Nigerians for democracy is premised on its presumed advantages as a concept of government and is equally based on the experiences on Nigerians under military rule. Democracy apart from acknowledging the rights of all citizens to decent life is characterized by social integration, which makes possible a wide habit of tolerance or accommodation of difference over issues and policies (Tobi, 2000).

Nigeria had very ugly experience under the military regime in the last few d decades. The military believed might is right, under this citrocites were committed people who were arrested, detained, imprisoned, killed, maimed or deprived of that freedom with impurity. Unknown soldiers inflicted on families and on individual calamities. The right of everybody, including those for the child and women were abused. The police and anybody in any form of uniform saw it as a license to take laws into their hands (Onibokun, 2001:1). He stressed further, bribery and corruption were the norms in most transactions. In the society at large, deceit was condoned and mediocrity and dishonesty was enthroned.

Life meant nothing, as people were killed and maimed recklessly without any remorse. In short, the rule of law and respect for individual right were thrown to the dogs during the military era. The past military regimes in Nigeria were traumatic experiences not only to Nigerians, but also all lovers of freedom and democracy in the whole world.

THE EFFECTS OF THE RULE OF LAW ON DEMOCRACTIC CONSOLIDATION IN NIGERIA: A CASE STUDY OF THE FOURTH REPUBLIC.