Rule of Law II – SS3 Civic Education Lesson Note (Second Term)

The rule of law is the principle that everyone, including the government, answers to the law and is treated equally under it.

Behavioural objectives

By the end of the lesson, students should be able to:

1. Define the rule of law.
2. State the limitations of the rule of law.
3. Explain each limitation with an example.
4. Discuss the solutions to the limitations of the rule of law.
5. State the importance of the rule of law.

Instructional techniques

• Identification
• Explanation
• Questions and answers
• Demonstration
• Videos from source

Instructional materials

• Videos
• Loudspeaker
• Textbook
• Pictures

What is the rule of law?

The rule of law is the principle that law and justice apply fairly to all persons, so that no one is above the law.

• Origin of the idea: A. V. Dicey, a British jurist, is the writer most linked with explaining it.
• No punishment without law: a person is punished only for breaking a law, and only after a court decides.
• Equality: every person, from the ordinary citizen to the highest official, is under the same law.
• Protection of rights: the rights of citizens are protected by the law and enforced by the courts.
• Where it applies in Nigeria: the Constitution is the highest law, and every person and office is under it.

What are the main features of the rule of law?

The main features of the rule of law are supremacy of the law, equality before the law, fair hearing, no arbitrary arrest or punishment, and an independent judiciary.

• Supremacy of the law: the law is above every person and every government office.
• Equality before the law: the rich and the poor, the leader and the citizen, face the same law.
• Fair hearing: a person is presumed innocent until a court proves guilt.
• No arbitrary arrest or punishment: a person is punished only for breaking a law that already exists.
• Independent judiciary: judges decide cases without pressure from the government.

What are the limitations of the rule of law?

There are eight limitations of the rule of law: ignorance, poverty, overcrowded courts, the immunity clause, delegated legislation, administrative tribunals, special courts and a state of emergency.

• Limitation: a factor that stops the rule of law from working fully in practice.

1. Ignorance

• Meaning: many citizens do not know their rights or the laws that protect them.
• Example: an arrested person who does not know he may ask for a lawyer or for bail.
• Effect: they cannot demand justice or go to court when their rights are violated.

2. Poverty

• Meaning: poor citizens cannot pay lawyers, court fees or transport to court.
• Effect: the rich enjoy better justice, which defeats equality before the law.

3. Overcrowding of the courts

• Meaning: too many cases are filed for the number of judges and courts.
• Effect: cases last for years, and delayed justice becomes denied justice.
• Result: some accused persons stay long in custody while waiting for trial.

4. Immunity clause for certain individuals in public offices

• Meaning: the Constitution protects some office holders from civil and criminal cases while in office.
• Example: the President, Vice-President, Governors and Deputy Governors in Nigeria.
• Source: Section 308 of the 1999 Constitution (as amended).
• Effect: these persons are not equal with other citizens before the law during their tenure.

5. Delegated legislation

• Meaning: laws made by bodies or officials to whom the legislature has given law-making power.
• Examples: by-laws, rules and regulations made by ministries and local governments.
• Effect: the laws are made by people who were not elected to make laws, and they may be misused.

6. Administrative tribunals

• Meaning: bodies set up by government to settle disputes in a particular area, outside the regular courts.
• Effect: their procedures may not follow the full rules of a court, so fair hearing may be weakened.

7. Institution of special courts

• Meaning: courts created for particular cases or persons, often with different procedures.
• Example: a military tribunal.
• Effect: accused persons may not enjoy the same rights as in an ordinary court.

8. A state of emergency

• Meaning: a period of danger, such as war or serious unrest, in which the government declares special powers.
• Effect: some rights, such as freedom of movement, may be restricted for a time.

What are the solutions to the limitations of the rule of law?

Each limitation has a matching solution, shown in the table below.

What general measures protect the rule of law?

Four general measures protect the rule of law: an independent judiciary, a free press, active citizens and human rights bodies.

• Independent judiciary: judges must be free from pressure and paid well.
• Free press: newspapers and broadcasters report abuses of the law.
• Active citizens: people know their rights and use lawful ways to defend them.
• Human rights bodies: bodies such as the National Human Rights Commission and civil society groups monitor government actions.

Why is the rule of law important?

The rule of law is important because it keeps order, protects rights and makes sure everyone is treated fairly.

1. It helps in resolving conflicts.
2. It restricts people from behaving in an untoward manner.
3. It deters people from behaving in a manner that affects other people negatively.
4. It leads to the following of due process.
5. It leads to respect for the system and the leaders of the system.
6. It prevents any form of dictatorship, as everyone answers to it.
7. It ensures that the principles of law and justice are adhered to by everyone, which brings about fairness and equality of all before the law.

Evaluation

1. Define the rule of law.
2. State the limitations of the rule of law.
3. Explain how immunity clauses limit the rule of law.
4. Discuss the solutions to the limitations of the rule of law.
5. State four reasons why the rule of law is important.

Assignment

List any four limitations of the rule of law and give one solution to each.