Teaching Comparative

Rule of Law in Nigeria

Rule of law comes up again, this time in relation to governance in Nigeria. this op-ed piece by Funke Aboyade from This Day (Lagos) raises questions about the role of courts and the rule of law that are different from those raised about
China.

How will your students describe the differences between the issues in China and the issues in Nigeria?

How the Executive Contributes to Undermining of the Judiciary

"The recent trend whereby judgments of the trial High Court and even the Court of Appeal are not obeyed, perhaps because they’re perceived as worthless, until the Supreme Court pronounces on same is not only ill advised but dangerous. This unfortunate trend is more pronounced  particularly in high profile political matters where the stakes are high...

"Of concern to me as a lawyer is the possible impression being created in the minds of the public that judgments delivered by a validly constituted court are worth nothing and need not be obeyed unless and until the highest court in the land says so. It is therefore perfectly alright to scoff at any judgment that isn’t from the Supreme Court as not being worth even the paper it is written on. Given the generally slow pace of adjudication in the country... this is a dangerous perception and unhelpful to the cause of respect for the rule of law and good governance and order.

"Whilst it may seem politically expedient for government to keep certain persons out of political office, this executive attitude and interference may well hasten the erosion and further decline of judicial authority... It also sends out the wrong signals to potential foreign investors...

"This is an ominous portend for the rule of law and a step in the direction of anarchy. No other country in the civilised and developed world which we want so badly to be a part of, treats its Judiciary in this cavalier and unthinkable manner. We need to retrace our steps lest we be relegated as a country with no regard for law and order."

posted by Ken Wedding @ 8:30 AM