human rights and the rule of law by eguriase s. m. okaka
HUMAN RIGHTS AND THE RULE OF LAW
By Eguriase S. M. Okaka
The Rule of Law
Law is the body of rules and regulations that guide the government and the governed (citizens). A law is also the body or system of rules recognized by a community and enforceable by an established process. Such laws are contained in the constitution which can be written or unwritten.
The law prescribes rights and responsibilities of the citizens to the state and also clarifies the powers of the government. This indicates that the law of every community, state or nation should be respected by everybody irrespective of their status.
The rule of law on the other hand, means the supremacy of law over every person in the state. Rule of law emphasizes the principles of supremacy of law, equality before the law and the enjoyment of individual rights. The doctrine of rule of law is credited to Prof. A. V. Dicey, who states that every political leader that is assigned with the role of controlling the affairs of a state must adhere to the law and govern the people in line with the provisions of the constitution. According to Prof. Dicey, if the government abides by law, there will be absence of arbitrary rule. The rule of law requires that powers should not be concentrated in the hands of a few people, but separated among the different institution of the state to allow for good governance.
The basis for the rule of law revolves around three principles, which are:
Supremacy of the law
Equality before the law (i.e. the law is no respecter of persons)
Existence of fundamental liberties of an individual.
Supremacy of the law: The law is supreme and final in a state. No authority or person is above the law; not even the legislature that makes the law. Every institution of government and persons is bound by the law. This implies that the law should be impartial and no offender should be punished or made to suffer for any offence until it is established by the court. Any person accused of a crime is considered a suspect until the court proves the case otherwise.
A person cannot be detailed for more than twenty-four hours, without making him to appear in court. The rule of law limits the actions of citizens whether they are rulers or ruled. It also protects individuals from violation of their rights by those in government or powerful members of the public.
Equality before the law: All citizens are considered equal before the law irrespective of their socio-economic status. This implies that every individual is subject to the law of the land. The law which applies to the ordinary citizens should also apply to those in government e.g. the president, governors, the council chairmen, ministers etc. Nobody is above the law and everyone should be granted access to legal facilities.
Respect for Fundamental Liberties of Individuals: This states that the fundamental human rights are inalienable (i.e. undeniable) rights. They are basic rights and freedoms which a state must grant to her citizens. These rights must be protected and should not be infringed upon even in the absence of the Constitution.
Chapter IV of the Nigerian Constitution contains the fundamental human rights. Some of these rights are: rights to life, right to personal liberty, right to dignity, of the human person, right to education; right to freedom of expression; right to freedom of conscience and religion, etc.
Benefits of the Rule of Law
The benefits of rule of law as against arbitrary rule include the following:
Protection of Citizens from Arbitrary Rule: The practice of rule of law guards against arbitrary or undemocratic rule in a state. The citizens are given access to courts when their rights are violated.
Absence of Autocratic Rule: The rule of law makes it difficult for an autocratic leader to rule the state by checking the actions of government to make sure that they conform to the constitution, thus promoting the confidence of the followers in their leader.
Enjoyment of fundamental human rights: The fundamental human rights are entrenched in the constitution. Therefore, since these rights are clearly stated in the constitution, the operation of the rule of law guarantees the enjoyment of human rights by the citizens. A person has the right to appeal to higher court if he/she is not satisfied with the judgment of a lower court. The right is assured with the principle of the rule of law in existence.
Existence of equality of all citizens: Every citizen is equal before the law in a state where the rule of law exists. This eliminates an inferiority complex and discrimination in terms of race, religion or sex.
Press freedom: The press serves as a watch dog on both the government and the citizens. The rule of law guarantees the freedom of the press to educate the citizens on their rights and responsibilities.
Independence of the judiciary: The judiciary, as one of the arms of government is independent of the two other arms of government. The court has the final say to determine whether a person is guilty of an offence or not. In a situation whereby there is a dispute between the government and the citizens, the decision of the court prevails. The independence of the judiciary guards against an arbitrary government, which ensures good governance.
Peace, progress and stability: A society where the rule of law is in place, that society will experiences peace and progress, and there will be absence of lawlessness. The government performs it duties to the citizens and the citizens also performs their obligations to the government.
Punishments for Breaking the Law
The punishments for breach of the law include the following:
(i) Detention: A law breaker may be detained by law enforcement agencies in a prison or other places. Some of the offences that can lead to detention are murder, armed robbery, libel, bunkering, human trafficking, examination malpractices, etc.
(ii) Sanction: This is the penalty imposed on a person as a result of breaking the law. Sanctions can be in form of imposing a fine on the law breaker or depriving him or her of the opportunity to enjoy certain benefits.
(iii) Death Sentence: Breaching the law can lead to death. A person who kills another person may be killed in return. Apart from killing, the offence of treason, that is, an act of disloyalty that constitutes danger to the country is punishable by death.
Equality of All Citizens before the Law: the Law is No Respecter of Persons
The law of a state is supreme over everybody. This is why it is commonly said that ‘law is no respecter of persons’. All citizens are considered equal before the law irrespective of their socio-economic status. In essence, the law that applies to the poor must also apply to the rich. No man or woman should be made to suffer either in body or in goods except if he or she breaches the law.
Persons in positions of authority are guided by the provisions of the law. This prevents arbitrariness and oppression in the exercise of their powers. The rights of an individual citizen are enforced and protected by the law. It is also requires that the law be made open and the trial offenders in court be made public as well. In ensuring that everybody is equal before the law, an accused person should be given the chance to consult his or her lawyer and access to every other legal facility necessary for his or her defense in a court of law. Therefore, there should be no secret trial of any accused person. In any case, however, if the accused person is not satisfied with the judgment, he or she has the right to file an appeal.
However, there are instances when the principle of equality of all citizens before the law may be curtained. Such instances are as follows:
(i) Immunity clause: People like the president, Vice president, governors, and deputy governors are protected by the law such that they cannot be tried if they commit an offense while in office.
(ii) A person of unsound mind: A citizen who is not mentally sound is not allowed to contest an election. This is a limitation to the right to be voted for at election.
(iii) Diplomat: A diplomat represents his or her country in relating with other nations. A diplomat cannot be prosecuted while in office.
(iv) A citizen can be charged for libel or slander if he or she expresses or writes something that can damage the reputation of fellow citizens.
Questions
• What is law?
• Explain the doctrine of the rule of law.
• State three principles of the rule of law.
• State four benefits of the rule of law.
• What are the punishments for breaking the law?
• Discuss the statement, “The law is no respecter of persons”.
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