ANALYSIS OF THE METHODS OF SAFEGUARDING RULE OF LAW IN NIGERIAN DEMOCRACY

Sunday Chukwuma Ogu (PhD), Ejime Pally Agidi (PhD)

Abstract


This study analyzed the methods of safeguarding/promoting rule of law in Nigerian democracy. The problem of the study is lawlessness on the part of some citizens. Some citizens do not understand their fundamental human rights and limitations and therefore cannot challenge the violation of their rights. The appointment of the members of the Judiciary is usually carried out by the Executive arm of Government on the recommendation of judicial service commission,subject to the approval of the legislature whichcontributes to jeopardizing the ideals of the rule of law. This study adopted secondary source of data which include, textbooks, journals, Newspapers and other documentary materials relevant to the study. The study revealed that the methods of safeguarding/promoting rule of law include, the respect of the laws and the constitution by all citizens, equality before the law, fundamental human rights already entrenched in the constitution should be  respected by the Government and the citizens. Independence of the Judiciary is necessary so as to enable them promote rule of law and accused persons should be treated as innocent until he/she is found guilty by a competent court. The study recommended that the appointment, promotion and transfer of the judicial officials can be handled by the Judicial Service Commission. There is the need for Government to embark on political education to the masses. Political education will enlighten Nigerian citizens on their fundamental human rights and limitations.


Keywords


Rule of law, human right and democracy

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