RULE OF LAW

Rule of law is a doctrine that insist on the supremacy of law over the supremacy
of man. In the age of absolutist sovereign, there was no rule of law. If there was,
it was subject to the whims and caprice of the king, the ruler, the head of state.
He could do no wrong. He was the embodiment of sovereignty. However, with
the people sovereignty displacing the ruler’s sovereignty, rule of law has been
institutionalized in almost every legal system
The concept of rule of law (which is synonymously referred to as supremacy of
law or constitutional supremacy) is of great antiquity dating back to Greek times.
The Greek Philosopher, Aristotle said that
‘’The rule of law is preferable to the rule of any individuals’’
There was a time when the king could do no wrong. It was not really a factual
statement to say for all it meant was that the king was above the law
The contemporary meaning of ‘’Rule of Law’’ literally suggests the governance
of law, the state of being governed by law through the agency of man. Therefore,
it means a regime of government of law as opposed to a government based on
the whims and caprices of man.
The term as aforestated was associated with Greek Origin Philosophers Plato
and Aristotle had observed that man is by nature self-centred and will stop at
nothing to annihilate opponent and exterminate opposition. A liberal
explanation is that everything must be done in accordance with the law. This
implies that governmental organs and agencies must act in such a way that their
conduct against the life, liberty and property of persons are legally justified or
founded
Prof Dicey posited that rule of law entails that a man may be punished for a
breach of Law, but cannot be punished for not transgressing. He advocates for
equality before the law, or equal subjection of all classes to the ordinary law of
the land administered by ordinary courts. No man is above the law, officials and
private citizens are under a duty to obey the law.
Oputa JSC in the case of Governor of Lagos State V Ojukwu (1986) I NWLR 621
Conceptualized the rule of law in the following words.
‘’The rule of law, presupposes that the State is Subject to the law, that the
judiciary is a necessary agency of the rule of law, that the Government should
respect the right of individual citizens under the law. In the same vein, in his own
conceptualization of the rule of law in Ojukwus Case, Obaseki JSC (as he then
was), had this to say;
‘’Rule of law primarily means that Government should be conducted within the
framework of recognized rule and principles which restrict discretionary
powers… ‘’
In the Case of Miscellaneous Offences Tribunal V Okorafor (2001) 18 NWLR
(PT.745) 310d 327 the Supreme Court stated inter alia ;-
‘’Nigerian Constitution is founded on the rule of law, the primary meaning of
which is that everything must be done according to law. It means also that
government should be conducted within the framework of recognized rules and
principles which restrict discretionary powers’’
The doctrine is one of the pillars upon which true democracy and good
governance is established upon. Aristotle adumbrated. This fact by insisting that
Rule of law was preferable to that of any individual
Question- Discuss the ingredients of rule of laws.
NOTE
The doctrine of rule of law is popular because there is hardly any legal system
that does not contain, at least, the tenets of the doctrine. It is instructive that
because of the complexity of Modern State and the complicated nature of its
problems, there is the necessity to entrust administrative agencies with the
power to act discretionarily in deserving circumstances – circumstances
unforeseen. In it Modern manifestation, rule of law has given rise to, for
instance, new generation of rights or human rights such as the right to
development, environment etc
CONSTITUTIONAL SUPREMARCY
Constitutional supremacy is closely related to rule of law. Constitutional
supremacy is a concept that rejects that reject the rule of man but prefers the
management of the affairs of men and things by institution established in
accordance with law. It seeks to avoid a situation where the whims and caprices
of man would determine the nature or character of benefits burden available
before any person or groups of persons
The concept of constitutional supremacy is prediction on the constitution. It is a
specie of the doctrine of rule of law
Constitution is a document having a special legal sanctity which sets out the
framework and the principal functions of the organs of government of a state
and declares the principles governing the operation of those organs. In other
words, Constitution is the Supreme document of a Politically organised State. For
example, the Constitution of the Federal Republic of Nigeria (CFRN) 1999 is such
a document. Constitution can best be defined or described by its utility as follow:
a. It is the basic document of a state which guides the relationship amongst
the three arms of government in their management of the affairs of state
b. It regulates the right and duties and privileges of public officials
c. Its governs the relationship between these governmental actors on the
hand and the citizens on the other;
d. Its codifies the corpus of rights of criticizes
Constitution may be written or unwritten. A state which governs it citizens on
the bases of the above fundamental legal concepts codified in a document is said
to operate a written constitution. State in this category include, the U.S, India,
Canada & Nigeria.
On the other hand, a state which administers the affairs of its territory without
any such document is claimed to run an Unwritten Constitution. A ready example
is the United Kingdom. The advantage that the written constitution has over the
unwritten one is that, it is easily accessible to everyone. In other words, it is a
covenant document of reference.
Whether written or otherwise, the constitution is a roadmap meant to guide the
legislature, the executive, the judiciary and the administrative agencies in their
governance of the state.
The Implications of Constitutional Supremacy on Citizens Include;
1. Its signifies the rule of law as opposed to the rule of man
2. Its signifies that everyone is equal before the law
3. Its entails that the citizens benefit from the human right provisions of the
constitution. For example, chapters IV and II of the CFRN 1999 respectively
provides for civil and political right, and social, economic and cultural
rights.
Its is instructive that Chapter IV is enforceable, while chapter II is not
Constitutional supremacy has a universal effect encompassing all physical and
legal persons within the nation State territory
In the case of A.G Abia State V A.G Federation (2002) 6 NNLR (Pt763) 264, the
supreme court referring to S.I (1) & (2) reiterated the hierarchy of our laws as
follows:
‘’The constitution is what is called the Grundnorm and the fundamental law of
the land. All other legislations in the land take their hierarchy from the provision
of the constitution. By the provision of the constitution, the law made by the
National Assembly come next to the constitution; followed by those made by the
Houses of Assembly of a State.
By virtue of S1(1) of the constitution, the provision of the constitution takes
precedence over any law enacted by the National Assembly even through the
National Assembly has the power to amend the constitution itself’’
The Case of Amaechi V NEC (2007) 9 NWLR (Pt 104) 504 at 533. The case of INEC
V Musa (2003) AHRLRL 192 where the Supreme Cout restated that the CFRN tops
in the of the Nigeria legal order
Question; Explain what is meant by Constitutional Supremacy
Importance of Constitutional Supremacy
The concept of constitutional supremacy is particularly important to a Multi-
ethnic, Multi-religions country Like Nigeria where variety is the spice of life.
Several segments of the Nigeria Society complain bitterly of governmental and
marginalization, and claims that, though they contribute significantly to the
‘’baking of the National cake, they are edged out in its sharing. The constitutional
remedy are embedded in the relevant provisions of human rights, Federal
Character Principle, amongst others.
Federal Character is an affirmative of governmental policies geared towards
giving a sense of belonging to every Federating State (and, by extension every
citizen) in the administration of the country. The essence is to guide against a
situations where a few persons or group of persons are placed in the
commanding heights of our socio-economic and political administration and the
expense of other citizens see section 14 CFRN 1999.
The principle of constitutional supremacy ensures that some provision cannot
be tampered with easily. Thus, the procedure for amending certain provision of
the CFRN is rigorous and Laborious. For example, under S9(3), an Act of the
National Assembly for the purpose of altering constitutional provisions, State
Creation and Chapter IV of the CFRN cannot ordinarily be passed. It must be
approved by not less than 4/5 majority of the members of each House of
Assembly of not less than 2/3 (Majority) of all the State of the Federation. See
John Kolade V.A.G Lagos State (1982) 2 NCCR.771
Where there is rule of law or Constitutional Supremacy, the excesses of
administrative agencies can be curbed.It is trite that one of the strong criticisms
against administrative agencies is that, in excessing all the function of all the
three arms of government they tend to weld absolute powers. However, because
of the intervention of constitutional supremacy, every authority or agencies is
mandated to act Strictly in accordance with the Law. This translates to promoting
the interests and rights of Citizens
Question; How meaningful is Constitutional Supremacy to Nigeria?
Constitutional Supremacy and some Human Right
The fertile ground on which constitutional supremacy is usually tested is in
relation to the protection or violation of Chapter IV which provide for
fundamental human right VIZ- the right to life(S33) right to dignity of human
person (S34),right to personal liberty (S35), right to fair hearing (S36), right to
private and family life (S37), right to freedom of thought, conscience and
religion(538),right to freedom of expression and press (S39), right to peaceful
assembly and association (S40), right to freedom movement (S41), right to
freedom from discrimination (S42) , and right to acquire and own immovable
property anywhere in Nigeria (S43) S42
Right to fair Hearing; see the latin maxim ‘’audi alteran partem and nemo Judex
in causa sua’’
See the case of Awolowo V Minister of internal Affairs (1962) LLr. 177.See also
Alakija V Medical Practitioners Disciplinary Committee (1959) 4 FSC.38
Freedom of Association and Assembly
Freedom of Movement; See the case of Shugaba V Minister of Internal Affairs