nigeria-and-the-rule-of-law

RULE OF LAWNIGERIA AND THE

“The rule of law is the foundation

for communities of opportunity and

equity—it is the predicate for the

eradication of poverty, violence,

corruption, pandemics, and other

threats to civil society.”

-WILLIAM H. NEUKOM, FOUNDER AND CEO, THE WORLD JUSTICE PROJECT

UNIVERSAL PRINCIPLES OF RULE OF LAW

• The government and its officials and agents as well as individuals and private entities are accountable under the law

ACCOUNTABLE UNDER THE LAW

• The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property.

THE LAWS ARE CLEAR, PUBLICIZED, STABLE, AND JUST

• The process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient

ACCESSIBLE, FAIR, AND EFFICIENT JUDICIAL PROCESS

• Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.

COMPETENT, ETHICAL, AND INDEPENDENT JUDICIAL PROCESS

THE WJP RULE OF LAW INDEX

The World Justice Project (WJP) Rule of Law Index comprises 9

DIMENSIONS (or factors) and 47 OUTCOMES (or sub-factors).

RULE OF LAW INDEX

1 2 3 4 5 6 7 8 9

1 2 3 4 5 6 7 8 9 . . .

45 46 47

NINE DIMENSIONS OF RULE OF LAW

CONSTRAINTS ON

GOVERNMENT

POWERS

ABSENCE OF

CORRUPTION

OPEN

GOVERNMENT

FUNDAMENTAL

RIGHTS

ORDER AND

SECURITY

REGULATORY

ENFORCEMENT

CIVIL JUSTICE CRIMINAL JUSTICEINFORMAL

JUSTICE

NINE DIMENSIONS OF RULE OF LAW

Constraints on government powersMeasures the extent to which those who

govern are bound by law.

Absence of CorruptionMeasures the absence of corruption in

government.

Open governmentMeasures the openness of government, which

is essential for effective public oversight.

Fundamental rightsMeasures protection of fundamental human

rights

Order and securityMeasures how well the society assures the

security of person and property.

Regulatory enforcementMeasures the extent to which regulations are

fairly and effectively implemented & enforced.

Civil justice

Measures whether ordinary people can resolve

their grievances peacefully and effectively

through the civil justice system.

Criminal justice Evaluates the criminal justice system

Informal justiceConcerns the role played in many countries by

customary and “informal” systems of justice.

NINE DIMENSIONS & 47 OUTCOMES 1.1 Government powers are effectively limited by the legislature1.2 Government powers are effectively limited by the judiciary1.3 Government powers are effectively limited by independent auditing and review1.4 Government officials are sanctioned for misconduct1.5 Government powers are subject to non-governmental checks1.6 Transition of power is subject to the law

Constraints on

government

powers

2.1 Government officials in the executive branch do not use public office for private gain2.2 Government officials in the judicial branch do not use public office for private gain2.3 Government officials in the police & the military do not use public office for private gain2.4 Government officials in the legislative branch do not use public office for private gain

Absence of

corruption

Open

government

3.1 The laws are publicized and accessible3.2 The laws are stable3.3 Right to petition the government and public participation3.4 Official information is available on request

4.1 Equal treatment and absence of discrimination

4.2 The right to life and security of the person is effectively guaranteed

4.3 Due process of law and rights of the accused

4.4 Freedom of opinion and expression is effectively guaranteed

4.5 Freedom of belief and religion is effectively guaranteed

4.6 Freedom from arbitrary interference with privacy is effectively guaranteed

4.7 Freedom of assembly and association is effectively guaranteed4.8 Fundamental labor rights are effectively guaranteed

Fundamental

rights

5.1 Crime is effectively controlled5.2 Civil conflict is effectively limited5.3 People do not resort to violence to redress personal grievances

Order and

security

NINE DIMENSIONS & 47 OUTCOMES 6.1 Government regulations are effectively enforced6.2 Government regulations are applied and enforced without improper influence6.3 Administrative proceedings are conducted without unreasonable delay6.4 Due process is respected in administrative proceedings6.5 The government does not expropriate without lawful process and adequate compensation

7.1 People can access and afford civil justice7.2 Civil justice is free of discrimination7.3 Civil justice is free of corruption7.4 Civil justice is free of improper government influence7.5 Civil justice is not subject to unreasonable delay7.6 Civil justice is effectively enforced7.7 ADR is accessible, impartial, and effective

8.1 Criminal investigation system is effective

8.2 Criminal adjudication system is timely and effective

8.3 Correctional system is effective in reducing criminal behavior

8.4 Criminal system is impartial

8.5 Criminal system is free of corruption

8.6 Criminal justice is free of improper government influence8.7 Due process

9.1 Informal justice is timely and effective9.2 Informal justice is impartial of free influence9.3 Informal justice respects and protects fundamental rights

Regulatory

enforcement

Civil justice

Criminal

justice

Informal justice

WJP RULE OF LAW – SCOPE

YEAR EXPERTS LOCAL PEOPLE VARIABLES COUNTRIES

2010 900 35,000 700 35

2011 2,000 66,000 400 66

2012/13 2,500 97,000 400 97

2014 4,000 100,000 541 99

The analysis takes a look at Nigeria’s rating and score in the

World Justice Project as captured in the Rule of Law Index.

Opinions were sampled in Lagos, Kano and Oyo States

NIGERIA RULE OF LAW – SCOPE

YEARCITIES

COVERED

POLLING

COMPANYMETHODOLOGY SAMPLE

2010Lagos, Kano,

Ibadan

The Steadman

GroupFace-to-face 1001

2011Lagos, Kano,

Ibadan

The Steadman


2012/

13

Lagos, Kano,

Ibadan

The Steadman


2014Lagos, Kano,

Ibadan

Marketing Support

ConsultancyFace-to-face 1048

NIGERIA RULE OF LAW

(SCORE & RANKING)

The Scores range between 0 and 1, where 1 signifies the highest

score (high rule of law adherence) and 0 signifies the lowest

score (low rule of law adherence).

NIGERIA RULE OF LAW – Score/Ranking

DIMENSIONS OF

RULE OF LAW

SCORES / RANKING

2014 2012 2011 2010

Score Rank Score Rank Score Rank Score Rank

Constraints on govt. powers 0.47 69 0.45 74 0.50 44 0.39 30

Absence of Corruption 0.26 97 0.25 95 0.41 52 0.46 24

Open government 0.40 76 0.35 90 0.34 59 0.30 28

Fundamental rights 0.42 88 0.45 85 0.49 55 0.42 32

Order and security 0.36 98 0.47 94 0.54 63 0.36 33

Regulatory enforcement 0.40 83 0.42 78 0.46 50 0.51 22

Civil justice 0.50 52 0.53 53 0.57 34 0.59 18

Criminal justice 0.31 91 0.28 94 0.41 53 0.42 29

Year 2014 2012 2011 2010

No. of Country 99 97 66 35

NIGERIA RULE OF LAW – Score

No. DIMENSIONS OF RULE OF LAW 2014 2012 2011 2010

1 Constraints on government powers 0.47 0.45 0.50 0.39

2 Absence of Corruption 0.26 0.25 0.41 0.46

3 Open government 0.40 0.35 0.34 0.30

4 Fundamental rights 0.42 0.45 0.49 0.42

5 Order and security 0.36 0.47 0.54 0.36

6 Regulatory enforcement 0.40 0.42 0.46 0.51

7 Civil justice 0.50 0.53 0.57 0.59

8 Criminal justice 0.31 0.28 0.41 0.42

While Ranking can change due to the number of Countries

sampled, Score is the true reflection of the Rule of Law for each

country which is not affected by the number of countries sampled.

Factor 9: Informal Justice. Although the WJP has collected data on this

dimension, it is not included in the aggregated scores and rankings.

1. Constraints on Government Powers


1 Constraints on government powers 0.47 0.45 0.50 0.39

CONSTRAINTS ON GOVERNMENT POWERS: Measures the extent to

which those who govern are bound by law. Overall Growth: +0.08.

INDICATOR 2014 2012

CONSTRAINTS ON GOVERNMENT POWERS 0.47 0.451.1 Government powers are effectively limited by the legislature 0.63 0.621.2 Government powers are effectively limited by the judiciary 0.49 0.491.3 Government powers are effectively limited by independent auditing and review 0.28 0.241.4 Government officials are sanctioned for misconduct 0.39 0.32

1.5 Government powers are subject to non-governmental checks 0.55 0.551.6 Transition of power is subject to the law 0.49 0.48

IT SHOWS THAT THOSE WHO GOVERN ARE INCREASINGLY

BEING BOUND BY LAW. PARTICULARLY, INDICATOR 1.4

GOVERNMENT POWERS ARE SANCTIONED FOR

MISCONDUCT INCREASED BY 0.07. ALSO, INDICATOR 1.3

SHOWS A GROWTH OF 0.04.INDICATOR here and subsequently also refer to OUTCOME or sub-factor

2. Absence of Corruption


2 Absence of Corruption 0.26 0.25 0.41 0.46

INDICATOR 2014 2012

ABSENCE OF CORRUPTION 0.26 0.252.1 Government officials in the executive branch do not use public office for private gain 0.28 0.262.2 Government officials in the judicial branch do not use public office for private gain 0.46 0.462.3 Government officials in the police & the military do not use public office for private gain 0.22 0.212.4 Government officials in the legislative branch do not use public office for private gain 0.09 0.05

WHILE THERE IS LITTLE DIFFERENCE BETWEEN 2012 &

2014, INDICATOR 2.4 MADE THE MOST CONTRIBUTION OF

0.04 INCREASE. HOWEVER, OVERALL INDICATOR SHOWS

HIGH PRESENCE OF CORRUPTION IN NIGERIA. BETWEEN

2010 & 2014, CORRUPTION HAS GROWN AS INDICATED BY

2014 VALUE OF 0.26 WHICH IS A FALL FROM 0.46 IN 2010.

ABSENCE OF CORRUPTION: Measures the absence of corruption

in government. Overall Growth: –0.20.

3. Open government


3 Open government 0.40 0.35 0.34 0.30

INDICATOR 2014 2012

OPEN GOVERNMENT 0.40 0.35

3.1 The laws are publicized and accessible 0.41 0.333.2 The laws are stable 0.46 0.393.3 Right to petition the government and public participation 0.45 0.403.4 Official information is available on request 0.29 0.28

THIS INDICATOR HAS INCREASED BY 0.1, WITH

THE MOST EFFORT CONTRIBUTED BUT

INDICATOR 3.1. PARTICULARLY, THE SIGNING

INTO LAW OF THE “FREEDOM OF

INFORMATION BILL” PROMOTES THIS GROWTH

OPEN GOVERNMENT: Measures the openness of government,

which is essential for effective public oversight. Overall Growth: +0.10.

4. Fundamental rights


4 Fundamental rights 0.42 0.45 0.49 0.42

INDICATOR 2014 2012FUNDAMENTAL RIGHTS 0.42 0.454.1 Equal treatment and absence of discrimination 0.53 0.48

4.2 The right to life and security of the person is effectively guaranteed 0.24 0.29

4.3 Due process of law and rights of the accused 0.22 0.21

4.4 Freedom of opinion and expression is effectively guaranteed 0.56 0.564.5 Freedom of belief and religion is effectively guaranteed 0.49 0.504.6 Freedom from arbitrary interference with privacy is effectively guaranteed 0.34 0.354.7 Freedom of assembly and association is effectively guaranteed 0.62 0.744.8 Fundamental labor rights are effectively guaranteed 0.40 0.46

THE FUNDAMENTAL RIGHTS OF NIGERIANS ARE NOT

RESPECTED WITH NO DIFFERENCE IN GROWTH

BETWEEN 2010 & 2014. INDICATOR 4.7 IS THE MOST

AFFECTED WITH A FALL OF 0.12. BETWEEN 2012 & 2014.

FUNDAMENTAL RIGHTS: Measures protection of fundamental

human rights. Overall Growth: 0.00.

5. Order and security


5 Order and security 0.36 0.47 0.54 0.36

INDICATOR 2014 2012ORDER AND SECURITY 0.36 0.475.1 Crime is effectively controlled 0.34 0.495.2 Civil conflict is effectively limited 0.31 0.58

5.3 People do not resort to violence to redress personal grievances 0.42 0.35

ORDER AND SECURITY REMAIN APPEARS TO BE OUT

OF PLACE FROM 2011 TILL DATE. INDICATOR 5.2 –

“CIVIL CONFLICT IS EFFECTIVELY LIMITED”,

EXPERIENCE A NOSEDIVE OF 0.27 WHICH SHOWS

THAT THERE IS INCREASING THREAT TO THE

SECURITY OF LIFE AND PROPERTIES.

ORDER AND SECURITY: Measures how well the society assures

the security of person and property. Overall Growth: 0.00.

6. Regulatory enforcement


6 Regulatory enforcement 0.40 0.42 0.46 0.51

INDICATOR 2014 2012REGULATORY ENFORCEMENT 0.40 0.425.1 Crime is effectively controlled 0.38 0.366.2 Government regulations are applied and enforced without improper influence 0.37 0.44

6.3 Administrative proceedings are conducted without unreasonable delay 0.29 0.38

6.4 Due process is respected in administrative proceedings 0.44 0.376.5 The government does not expropriate without lawful process & adequate compensation 0.53 0.52

REGULATORY ENFORCEMENT IS ON A CONTINUOUS

FALL FROM 0.51 IN 2010 TO 0.40 IN 2014. ALL

INDICATORS EXCEPT INDICATOR 6.4

EXPERIENCED A DROP BETWEEN 2012 & 2014.

REGULATORY ENFORCEMENT: Measures the extent to which regulations

are fairly and effectively implemented & enforced. Overall Growth: -0.11.

7. Civil Justice


7 Civil Justice 0.50 0.53 0.57 0.59

INDICATOR 2014 2012CIVIL JUSTICE 0.50 0.537.1 People can access and afford civil justice 0.47 0.557.2 Civil justice is free of discrimination 0.66 0.56

7.3 Civil justice is free of corruption 0.49 0.51

7.4 Civil justice is free of improper government influence 0.48 0.567.5 Civil justice is not subject to unreasonable delay 0.37 0.557.6 Civil justice is effectively enforced 0.45 0.507.7 ADR is accessible, impartial, and effective 0.59 0.66

THE ENTIRE INDICATORS EXPERIENCED A DROP.

INDICATOR 7.1 & 7.5 ARE THE INDICATORS WITH

HIGHEST DROP OF 0.18 EACH

CIVIL JUSTICE: Measures whether ordinary people can resolve their grievances

peacefully and effectively through the civil justice system. Overall Growth: -0.09.

8. Criminal Justice


8 Criminal Justice 0.31 0.28 0.41 0.42

INDICATOR 2014 2012

CRIMINAL JUSTICE 0.31 0.288.1 Criminal investigation system is effective 0.34 0.268.2 Criminal adjudication system is timely and effective 0.34 0.27

8.3 Correctional system is effective in reducing criminal behavior 0.20 0.148.4 Criminal system is impartial 0.39 0.23

8.5 Criminal system is free of corruption 0.27 0.328.6 Criminal justice is free of improper government influence 0.41 0.558.7 Due process 0.22 0.21

THE CRIMINAL JUSTICE IN NIGERIA RECEIVED A

NEGATIVE RATING WITH AN OVERALL SCORE OF 0.42 IN

2010 BUT NOW 0.31 IN 2014. INDICATOR 8.6 IS ONE OF

THOSE INDICATORS THAT EXPERIENCED A DROP

BETWEEN 2012 & 2014.

CRIMINAL JUSTICE: Evaluates the criminal justice system. Overall

Growth: -0.11.

No. DIMENSIONS OF RULE OF LAW 2014 2012 DIFF

1 Constraints on government powers 0.47 0.45 +0.02

2 Absence of Corruption 0.26 0.25 +0.01

3 Open government 0.40 0.35 +0.05

4 Fundamental rights 0.42 0.45 -0.03

5 Order and security 0.36 0.47 -0.11

6 Regulatory enforcement 0.40 0.42 -0.02

7 Civil justice 0.50 0.53 -0.03

8 Criminal justice 0.31 0.28 +0.03

• Constraints on government powers

• Absence of Corruption• Open government• Criminal justice

• Fundamental rights• Order and security

• Regulatory enforcement• Civil justice

DIMENSIONS WITH +VE / -VE DIFFERENCE

INDICATOR 2014 2012 DIFF

1.1 0.63 0.62 +0.01

1.3 0.28 0.24 +0.04

1.4 0.39 0.32 +0.07

1.6 0.49 0.48 +0.01

2.1 0.28 0.26 +0.02

2.3 0.22 0.21 +0.01

2.4 0.09 0.05 +0.04

3.1 0.41 0.33 +0.08

3.2 0.46 0.39 +0.07

3.3 0.45 0.4 +0.05

3.4 0.29 0.28 +0.01

4.1 0.53 0.48 +0.05

4.3 0.22 0.21 +0.01

5.3 0.42 0.35 +0.07

6.1 0.38 0.36 +0.02

6.4 0.44 0.37 +0.07

6.5 0.53 0.52 +0.01

7.2 0.66 0.56 +0.10

7.5 0.37 0.35 +0.02

8.1 0.34 0.26 +0.08

8.2 0.34 0.27 +0.07

8.3 0.2 0.14 +0.06

8.4 0.39 0.23 +0.16

8.7 0.22 0.21 +0.01

CUMULATIVE

+0.13

+0.07

+0.21

+0.06+0.07

+0.10

+0.12

+0.38

INDICATORS WITH POSITIVE DIFFERENCE

INDICATORS WITH POSITIVE DIFFERENCEINDICATOR DIFF

1.1

+0.131.3

1.4

1.6

2.1

+0.072.3

2.4

3.1

+0.213.2

3.3

3.4

4.1+0.064.3

5.3 +0.076.1

+0.106.4

6.5

7.2+0.127.5

8.1

+0.388.2

8.3

8.4

8.7

83176524

DIMENSION

INDICATOR 2014 2012 DIFF4.2 0.24 0.29 -0.05

4.5 0.49 0.50 -0.01

4.6 0.34 0.35 -0.01

4.7 0.62 0.74 -0.12

4.8 0.40 0.46 -0.06

5.1 0.34 0.49 -0.15

5.2 0.31 0.58 -0.27

6.2 0.37 0.44 -0.07

6.3 0.29 0.38 -0.09

7.1 0.47 0.55 -0.08

7.3 0.49 0.51 -0.02

7.4 0.48 0.56 -0.08

7.6 0.45 0.50 -0.05

7.7 0.59 0.66 -0.07

8.5 0.27 0.32 -0.05

8.6 0.41 0.55 -0.14

-0.25

-0.42

-0.16

-0.20

-0.19

CUMULATIVE

INDICATORS WITH NEGATIVE DIFFERENCE

INDICATOR4.2

-0.254.5

4.6

4.7

4.8

5.1-0.425.2

6.2-0.166.3

7.1

-0.207.3

7.4

7.6

7.7

8.5-0.198.6

54786

DIMENSION

INDICATORS WITH NEGATIVE DIFFERENCE

RULE OF LAW…SUMMARY

• 4 - Fundamental rights• 5 - Order and security

• 6 - Regulatory enforcement• 7 - Civil justice

DIMENSION OUTCOMES / INDICATORS

5.15.2

7.17.37.47.67.7

6.26.3

8.58.6

4.24.54.64.74.8

The DIMENSIONS with overall NEGATIVE

difference are 4, 5, 6, & 7. They also have

NEGATIVE INDICATORS, which reflects areas

where Nigeria needs urgent attention in order

to improve her RULE OF LAW rating.

Data Source:

- THE WORLD JUSTICE PROJECT - ISBN (online versions): 978-0-9882846-6-1

(2014), 978-0-9882846-3-0 (2012-2013), ISBN 978-0-615-51219-8 (2011),

ISBN (print): 978-0-615-40781-4 (2010)

Freely share, freely use and freely acknowledge the source – © Wale Micaiah

Analysis by: Wale Micaiah

e: [email protected]

m: 08078001800

w: www.walemicaiah.com

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