The rule of law in a developing nation: limitations, alternative models, and the challenges of application in Nigeria

Abstract

A ‘rule of law’-based society is only one of the models of justice and social control that Nigeria and other developing countries might consider. The rule of law by itself cannot provide broad-based, effective, and efficient social control. The contributions of other models are critical for a true rule of law process, especially for a developing country where kinship is important and the customary, traditional, religious, and related institutions remain particularly strong and influential on the population. Thus, an unconventional interpretation of the ‘rule of law’ from a cultural perspective is imperative.

Keywords:

• rule of law
• custom
• tradition
• community
• social control
• self-control
• personality

Notes

1. The Latin maxim ‘Audi alteram partem’ (‘Let the other party be heard’) is an equivalent expression.

2. Italics, brackets, and numbers added.

3. Negotiated justice (plea bargain) as an example of legal deviations from the equality-before-the-law principle is an important subject in contemporary Nigerian jurisprudence.

4. The Court of Appeal is the second highest court in the country behind the Supreme Court.

5. In fact, ostensibly to avoid any delay in removing the PCA from office, the President had issued the suspension order on a weekend, soon after the NJC recommended it.