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By Doris Obinna
The lawmaker representing Bende North, Abia state constituency, Hon. Ibekwe Nnamdi Chimdi, has stressed the crucial role of the rule of law in advancing democratic governance, saying, it is a fundamental pillar that fosters a well-structured and prosperous society.
In a recent statement made available to Daily Sun, Hon. Ibekwe underscored the role of the rule of law in promoting transparent and accountable governance, as well as in protecting minority rights and human freedoms.
Describing the rule of law as a vital mechanism that ensures the equality of all citizens under the law, the lawmaker emphasised its role in safeguarding individuals from arbitrary government actions and misuse of power. He cautioned against the dangers of arbitrariness, noting its association with despotic, authoritarian, or totalitarian regimes.
The statement, reads, “It is a mechanism, process, institution or practice that supports the equality of all citizens before the law. It protects the citizens from arbitrary forms of government, and arbitrary use of power. Arbitrariness is only a characteristic form of despotic government, authoritarianism or totalitarianism. All these forms of despotic governments depict all forms of rule in which the entity at the apex of the power structure who may be a king, a junta, or a political elite is capable of acting without regard to due process or extant law but pandering to the whims and caprices of those in the helm of affairs,” he said.
“Ideas about the rule of law as a political and legal thought had been mooted since at least the fourth century BCE when Aristotle distinguished ‘the rule of law’ from ‘that of any individual.’ This is just as in the 18th century Montesquieu, the French political philosopher, elaborated the doctrine of the rule of law that contrasted the legitimate authority of monarchs with the caprice of despots. The rule of law has since influenced Western liberal thought.
“Consequently, the rule of law becomes the bedrock of democracy and effective governance, providing a structure that ensures power is wielded with fairness, consistency, and accountability.
“It ensures a government based on the legal principles that the law is supreme and applies to everyone equally, regardless of status or wealth. It thus eliminates friction in the wheel of governance by stipulating the limitations of government power and ensures equality before the law, and the importance of following established legal procedures.
“The rule of law inherently becomes the bedrock of constitutional democracy, ensuring that governmental powers are not exercised arbitrarily, but reasonably with proper checks and balances in place to prevent abuse of power. It therefore implies that where constitutionalism abounds, the rule of law would be respected and entrenched.
“The rule of law ensures a democratic governance system where political and administrative authorities exercised at all levels, including structures, procedures and mechanisms, allow individuals and groups to freely express their preferences, assert their rights and resolve differences. It is characterised by principles and core values that enable participation in decision-making while protecting people from arbitrary measures by the government and other powerful entities in a political system.
“Good governance demands the judicious use of a country’s social and economic resources for growth and development. And the key elements to measure effective good governance are the structure of the political system and the processes through which policies are formulated and implemented, among others.”
Similarly, he said, the rule of law enhances democratic governance through a number of ways, including, accountability, guarantee of individuals’ rights, equity, justice and conflict resolution among other issues.
The statement further reads: “On accountability, the rule of law mandates government entities and officials to be answerable to laws that are openly established, uniformly applied, and judged impartially. This framework curbs abuse and misuse of power, and corruption, thereby developing confidence in democratic systems.
“Concerning individual liberties, the rule of law guarantees individuals’ rights and freedoms and protects them from abuses by erratic state actors or other individuals. These are protections against discrimination, unwarranted detention, and breaches of due process.
“Further, the rule of law provides legal predictability. It helps to engender a clear and consistent legal environment for building trust among citizens and businesses in their dealings with the government and one another.
“Indeed, the rule of law guarantees equity and justice. It ensures that every person is equal before the law, irrespective of social standing, wealth, or influence. This principle guarantees that justice is dispensed without bias. It fosters societal unity and diminishes tensions.”
In addition, Ibekwe said, the rule of law provides mechanisms for the peaceful and fair resolution of conflicts, which is essential for maintaining social order and upholding citizens’ rights.
He explained, “The concept of the rule of law implies that the creation of laws, their enforcement, and the relationships among legal rules are themselves legally regulated so that everyone including the most highly placed official is not above the law. This means that the government is subject to extant laws, just as the citizens.
“However, some pundits believe that the critical issue in politics is having the right people in power and not how power should be constrained; that institutions of public power are mere instruments of the ruling class that need to be dismantled rather than merely constraining illegal actions,” he noted.
The lawmaker posited, “Critics of a strictly formal conception of the rule of law argue that too much attention to the legal process generates significant vices of its own in the form of exaggerated legalism and neglect of the political or real-world dimensions of legal conflicts.
“Nonetheless, for there to be democratic governance there must be effective political representation, universal suffrage in free and fair elections, checks and balances, a vibrant civil society, and a free, unbiased, independent media as well as strong governmental institutions. It has to be emphasized that weak democratic institutions are the bane of Nigeria’s democracy.”
