RULE OF LAW

Meaning of Rule of Law

Rule of law is defined as the supremacy of the law over everybody. It is the absolute predominance of the laws of the land above all citizens. It can also be seen as the absolute supremacy of the law over everybody irrespective of their status. The principle of rule of law was developed and popularized by Professor A. V. Dicey in his book titled “Introduction to the Law of the Constitution” in 1885.

According to him, those entrusted with the administration of a country should rule in accordance with the provisions of the laws of the land, i.e. the constitution. He maintained that when this is respected, there will be absence of arbitrary government. That the government should be subjected to the law. It also provides that no citizen can be punished except as prescribed by the law, that means, no one can be punished without trial.

The Basic Principles of Rule of Law

A. Equality Before the Law

This principle states that all citizens are equal no matter their status.

That the same law should apply to all citizens of a country irrespective of their economic or political status. This means that no one is above the law and the law is no respecter of persons. The law should not be bent to favour any person. That all citizens of a country should enjoy equal access to law facilities, equal right to fair hearing, legal advice in the court of law etc.

B. Impartiality

This principle assumes that the law should be impartial in dealing with offenders. That is to say, no one should be made to suffer any penalty or loss of personal liberty or punished in any way unless found guilty of breaking the laws of the land, which must be established in the court. That even an accused person should be assumed innocent until a court of law in the land finds him guilty, and the court must be presided over by a free, fair and impartial judge.

Also, no one should be arrested without being told of his offence, or detained for more than fourty-eight (48) hours without being charged to court. That everyone is entitled to defend himself with the assistance of a lawyer and should not be tried in special courts or tribunals but the same courts others are tried.

C. Individual Rights

This principle states that every human being is entitled to certain basic and inalienable rights and liberties under the law and they can seek redress in the court if these rights are violated.

These individual rights are specified in most written constitutions commonly referred to as Fundamental Human Rights. In case of violation, only the court have the power to entertain such cases.

Limitations to Rule of Law

1.   Diplomatic Immunity: Ambassadors cannot be sued or prosecuted in the countries where they serving, instead, they can be repatriated, and this undermines the rule of law.

2.   The Type of Government: the type of government adopted in a country also limits the rule of law. For instance, military rule whose emergence always starts with the suspension of the constitution, and one party system of government tend to be autocratic and dictatorial.

3.   State of Emergency: citizens of a country may be denied some of their fundamental rights and application of the rule of law restricted when a state of emergency is declared in a country. This is because, state of emergency can lead to government acquiring wider and uncontrollable powers, indiscriminate arrest and detention without trial.

4.   Poverty, Illiteracy and Ignorance: poverty, illiteracy and ignorance do not allow citizens of a country to know and fight for their rights especially when they are infringed upon.

5.   Police Brutality: police in developing countries sometimes do arrest, detain and brutalise citizens for mere accusation of an offence. This acts negate the rule of law.

6.   Strikes: when trade unions are on strike, they are free from litigation for barbaric, brutal and unlawful acts of looting arson, beating up of uncompromising people etc. this affect the application of rule of law. 

   7.  Age Limit:people’s ages play a vital role in limiting the rule of law. For instance, children under seven years or minors and infants cannot be prosecuted by law no matter the offence.

8. Economic Position: the rich in developing countries especially in West Africa have used such positions to render the rule of law useless. Justice is purchased in courts of law as commodity and only the poor suffer.

9.  Immunity of Heads of States: in some countries, the head of states or government cannot appear before any court or tribunal while in office no matter the offence. This also limits the application of rule of law.

10. Parliamentary Immunity: members of the parliament cannot be sued or prosecuted based on the statements they make on the floor of the house no matter how false they may be., which means they are not equal before the law with others.

Factors that Ensures Successful Operation of Rule of Law

a. Public trial of accused persons not secret trials.

b. Citizens should be granted the right to appeal against any judgment the feel like.

c. Accused persons should have access to lawyers to defend them and such lawyers should have access to all relevant files or documents and information concerning their clients.

d. The principle of separation of powers and checks and balances should be adopted to avoid tyranny.

e. Citizens should be made to have basic education which will warrant them to know their rights and when such rights are infringed upon, they can seek redress in court of law.

f. The press must be free not gagged.

g. There must be a constitution that will embody the laws of the land, and spelt out the rights, duties and obligations of the citizens.

h. Adequate information should be made available about the existence of different laws especially newly enacted ones.

i. There should be no delay in justice because justice delayed is justice denied.