BY GBOLAHAN GBADAMOSI
NIGERIANS are justifiably frustrated by a culture of impunity where the powerful seem to be above the law. This creates a two-tiered justice system that erodes public trust and fosters a deep-seated fear of state security agencies known for brutality and extortion. The solution lies in reimagining the rule of law not as an abstract ideal, but as a tangible promise of a fairer society where success is based on merit, not connections or corruption. This foundational principle is the cornerstone of a stable, just, and prosperous society, holding everyone—including the government—accountable to publicly available laws that are applied equally and enforced independently.
The pillars of the rule of law are fundamental to its successful application in any society. A society committed to the rule of law operates on several key principles. The laws themselves must be clear and accessible so that everyone understands what is expected of them. Justice must be applied consistently and without bias, a principle known as “blind justice,” which ensures that the same rules apply to a government official as to a regular citizen. The government itself must be held to the same legal standards as its people, preventing the arbitrary use of power. An independent judiciary and easy access to legal help are also essential, as courts must be free from political pressure and corruption to ensure impartial judgments. The opposite of this is “rule by law,” where an authoritarian government uses the legal system as a tool to control the population and consolidate its own power. The law becomes a weapon to exercise power, not a framework to limit it.
The true deterrent to the abuse of the law is the certainty of justice. Effective law enforcement is not measured by the number of arrests, but by the certainty of justice. It is the absolute guarantee of being caught, prosecuted, convicted, and punished without exception that serves as the true deterrent to crime. The length of a sentence matters far less than the inescapable consequence of an offence. For the rule of law to be truly effective, it must be applied equally to everyone, with no sacred cows and no special treatment for the powerful. This principle is directly undermined by the pervasive culture of “pleading,” “begging,” and seeking influence to escape justice. Rather than facing legal consequences, those accused of an offence routinely mobilise personal connections, prominent individuals, and powerful figures—from religious and traditional leaders to political elites—to secure an acquittal or avoid prosecution entirely. If they are unable to muster the connections, they source large funds to bribe their way out of justice.
This societal impulse to beg for leniency rather than face legal consequences reveals a fundamental flaw in the justice system. It is a practice so common that many of us have either done it ourselves or pleaded on behalf of others. This reliance on personal influence exposes a stark inequity: if some can secure a pardon by leveraging their connections (or bribing their way out), why should others be punished for the same offence simply because they lack funds for bribes or the social capital to find a powerful advocate? The true measure of a just society is not found in a person’s willingness to resist pleas but in the unwavering, equal application of the law to every individual, regardless of their status or network.
The rule of law is always a catalyst for progress in societies, a powerful engine for societal advancement. A robust legal framework is essential for a thriving market economy. Investors and businesses require assurance that their contracts will be enforced, their property rights will be protected, and their assets won’t be seized without fair compensation. A trustworthy legal environment with predictable laws attracts investment and encourages the innovation needed for economic growth.
The rule of law also transforms citizens from potential victims of the state into rights-bearing individuals. It provides personal security and dignity by reassuring people that their fundamental rights—such as freedom of speech, fair trials, and property rights—are not just theoretical concepts but are legally enforceable. This mechanism also serves as a crucial check on the government, preventing a descent into dictatorship and the abuse of power.
By ensuring that every vote counts and that political power is derived from the will of the people, the rule of law serves as the foundation for free and fair elections. It addresses the deep desire for a true democracy, preventing fraud or judicial manipulation.
On paper, Nigeria possesses a robust legal framework, anchored in its 1999 Constitution, which provides for an independent judiciary and a comprehensive bill of rights. This strong theoretical foundation, combined with an active civil society and media, has resulted in a judiciary that has shown flashes of independence, acting as a critical check on executive power in landmark cases. For example, courts have occasionally ruled against the government in human rights and electoral disputes, demonstrating a potential to act as a crucial bulwark against the abuse of power.
However, the practical application of the rule of law is severely hindered by several deep-seated challenges.
Pervasive Corruption and Impunity. Corruption is the single greatest threat to the rule of law in Nigeria. Widespread graft within the police, judiciary, and civil service means that justice is often for sale. High-profile cases, such as the one involving “super cop” Abba Kyari, expose the deep-seated nature of this corruption, which often shields the powerful and wealthy from prosecution. This creates a dual system of justice where the wealthy and connected are often immune to punishment, while ordinary citizens face severe penalties for similar crimes. The use of endless adjournments further delays justice, eroding public trust and allowing cases to languish until interest fades.
Executive Interference and Disregard for Court Orders. The executive branch frequently acts with impunity, exhibiting a blatant disregard for the law. President Muhammadu Buhari’s 2019 suspension of the Chief Justice on charges of false asset declaration, widely condemned as a politically motivated attack on judicial independence, is a prime example. The government’s consistent failure to comply with court orders—particularly in cases involving activists and political opponents—reflects a serious lack of respect for the rule of law.
Judicial Inefficiency and Selective Application. The judicial process is plagued by extreme delays, outdated procedures, and a lack of resources. A staggering number of inmates in Nigeria’s overcrowded prisons are awaiting trial, with many held for years longer than the maximum sentence for their alleged crimes.
