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African Journal of Professional Research on Human Development (AJPRHD Vol African Journal of Professional Research on Human Development (AJPRHD Vol. 15, No 2b, June, 2019) ||gubdjournals.org SUBSTITUTING THE RULE OF LAW TO THE RULE OF THE RULER WITH IMPUNITY AND GRAND STYLE: A PEEP INTO EXECUTIVE RASCALITY AND SURVIVAL OF DEMOCRACY IN NIGERIA (2015-2019) By Abacha Umar Deribe Department of Political Science, University of Maiduguri, Borno State, Nigeria E-mail: [email protected] Abstract The executive forms one of the three arms of government in a democracy. It is the arm of government which the other two, the legislature and the judiciary exist to aid and complement for a successful democratic functioning. Every sane democratic government thrives on the code: The Rule of Law. However, different individuals who sit at the helm of national affairs are faced with options that range from observance and upholding the rule of law to ignoring and relegating it to the backdrop, but rather, ruling tyrannically with impunity. This places a big question mark on the integrity of democratic leaders and the possibility of providing dividends of democracy for the people. This paper takes a peep into Nigeria’s democratic leadership 2015-2019. It highlights issues of executive rascality and consequences for the country. The author opines that the executive urgently needs to redirect its approach to democratic leadership, eschew self-centredness, and uphold the rule of law at all times. Keywords: Rule of Law, Democracy, Executive, Transparency, Equity, Accountability, Impunity Introduction Democracy has commonly be defined and accepted to be government of the people, by the people and for the people. And the three arms of government in a democracy – the executive, the legislature and the judiciary – are meant to function in unison to achieve a noble democratic success. Though the executive in control seems to be placed over and above the other arms, it is obvious that it cannot truly succeed without the effective functioning of the others. The concept of the Rule of Law is meant to help the executive address governance from the perspective of integrity and equity. And every right-thinking democratic government thrives on this code. However, Nigeria’s democratic government of 2015-2019 is a clear exception. It clear ignores the principle of separation of powers which is constitutional. The regrettable tussles, hassles and unwarranted ignoble do-or-die approach of Nigeria’s political parties and their major political gladiators to democracy have over time seen many political administrators grow tyrannical. 2015-2019 in Nigeria has witnessed a democratic leadership akin to a military junta. So sad! Nigeria’s present leadership style with rascality and impunity has reduced the noble code, the Rule of Law to a mere concept on paper which is only fit for the archives. To further this paper, it is important that the concept of the Rule of Law be understood. The Concept of the Rule of Law Oxford English Dictionary (2018) defines the rule of law as “The authority and influence of law in society, especially when viewed as a constraint on individual and institutional behaviour; (hence) the principle whereby all members of a society (including those in government) are considered equally subject to publicly disclosed legal codes and processes.” 134 | P a g e African Journal of Professional Research on Human Development (AJPRHD Vol. 15, No 2b, June, 2019) ||gubdjournals.org BusinessDictionary.com (2019) defines it as “Absolute predominance or supremacy of ordinary law of the land over all citizens, no matter how powerful.” In both definitions cited above, two things are distinctively clear: supremacy of the ordinary law over all citizens, and equality of all citizens under the law. Therefore, in a democracy there should be no place for discrimination, favouritism and their kind. This fact places a big question puzzle on the propriety of the immunity placed on certain public offices which shields them from being prosecuted while in active service. In his 2004 report on The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies, former United Nations Secretary General, Kofi Annan (1938-2018) described the rule of law as “a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.” (S/2004/616). Oxfordscholarship.com (2019) observes that “The rule of law is an essentially contested concept. It is defined in many different manners and debate is also necessary to keep it thriving. The differences concern the question which elements are included into the concept. In all definitions, the rule of law is concerned with the control of public power through law with the aim of protecting the individual. Legality is the core element of the rule of law.” In all definitions and facts so far, the concept of the rule of law establishes the need for fair play, equity, transparency and accountability. It also establishes the truth that avoidance of arbitrariness, and observance of procedural and legal transparency are certain to aid the good success of a democratic government, insure public trust and confidence in the government. The UN in its Universal Declaration of Human Rights of 1948 gives the rule of law a central place, stating that “… it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law…” The rule of law is a concept established to insure human rights. Breach of human rights, fundamental or not adversely affects the peace, security and development of a governed state. In a 2014 report on Strengthening and Coordinating United Nations Rule of Law Activities, former UN Secretary-General, Ban Ki-Moon elaborated the linkages between the rule of law, human rights, peace, security and development. (UN, 2014: A/68/213/Add. 1). The Preamble of the Charter of the United Nations states as one of the aims of the organization “to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained.” The UN recognizes the central place of the rule of law in governance. Its General Assembly at its 67th Session, held a High-level Meeting on the Rule of Law at the National and International Levels on 24 September 2012. This was a unique occasion for all Member States, non-governmental organisations and civil society represented at the highest level, to commit to strengthening the rule of law. The High-level meeting concluded with the adoption by consensus of a Declaration in which Member States reaffirmed their commitment to the rule of law and elaborated on the efforts required to uphold different aspects of the rule of law. The Declaration recognises “that the rule of law applies to all States equally, and to international organizations, including the United Nations and its principal organs, and that respect for and promotion of the rule of law and justice should guide all of their activities and accord predictability and legitimacy to their actions. (UN.org, 2019). [It] also recognize[s] that all persons, 135 | P a g e African Journal of Professional Research on Human Development (AJPRHD Vol. 15, No 2b, June, 2019) ||gubdjournals.org institutions and entities, public and private, including the State itself, are accountable to just, fair and equitable laws and are entitled without any discrimination to equal protection of the law.” (UN.org, 2019). The Declaration highlighted the rule of law as a cross-cutting issue, linking the three pillars of the UN: peace and security, human rights and development. (UN.org, 2019) According to a World Justice Project (WJP) Report (2018), “The rule of law is a durable system of laws, institutions, and community commitment that delivers four universal principles: 1. Accountability The government as well as private actors are accountable under the law. 2. Just Laws The laws are clear, publicized, and stable; are applied evenly; and protect fundamental rights, including the security of persons and contract, property, and human rights. 3. Open Government The processes by which the laws are enacted, administered, and enforced are accessible, fair, and efficient. 4. Accessible & Impartial Dispute Resolution Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are accessible, have adequate resources, and reflect the makeup of the communities they serve. The report states that these four universal principles constitute a working definition of the rule of law. They were developed in accordance with internationally accepted standards and norms, and were tested and refined in consultation with a wide variety of experts worldwide (WJP, 2018). WJP states in its annual WJP Rule of Law Index that the four universal principles are further developed in the following nine factors: 1. Constraints on government powers. Sub-factors 1.1 Government powers are effectively limited by the legislature 1.2 Government powers are effectively limited by the judiciary 1.3 Government powers are effectively limited by independent auditing and review 1.4 Government officials are sanctioned for misconduct 1.5 Government powers are subject to non-governmental checks 1.6 Transition of power is subject to the law 2. Absence of corruption. Sub-factors 2.1 Government officials in the Executive Branch do not use public office for private gain 2.2 Government officials in the judicial branch do not use public office for private gain 2.3 Government officials in the police and the military do not use public office for private gain 2.4 Government officials in the legislative branch do not use public office for private gain 3.
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