THE RULE OF LAW AS THE LEGAL REMEDY FOR EFFECTIVE LEADERSHIP, ECONOMIC JUSTICE, HUMAN RIGHT OBSERVANCE AND ECONOMIC STABILITY IN NIGERIA

Abstract

Nigeria operates a constitutional democracy; and the basic principles of the rule of law are enshrined in its constitution. However, the manner in which the laws are used in practice are substantially different from the laws in the statute books in Nigeria. This is due to the objectionable degree of tyranny, impunity, injustice, cruelty and corruption due to the arbitrary use of discretionary powers by some state functionaries. This paper examines the application and observance of the basic principles of the rule law under Nigeria’s 1999 Constitution, considering, among other things, the salient provisions of the Nigeria’s constitution vis-a-vis the basic principles of effective leadership, economic justice and human rights observance. This article assesses the country’s compliance with these principles under the military and democratic dispensations, the impediment to and the significance of the observance of these principles alongside clues for pragmatic policies towards economic prosperity and stability. Applying both the doctrinal and the analytical legal research methodologies, it finds that the second generation rights codified under Chapter 2 of the Nigeria’s Constitution and its provisions as to independence of the judiciary is questionable.  It finally recommends viable panaceas towards the rectification of the observed abnormalities.