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By Ikechukwu Nnochiri
Former Speaker of the House of Representatives, the Hon. Yakubu Dogara on Thursday identified strict adherence to the rule of law as a panacea for the myriad problems facing the country.
Dogara, in a speech he delivered as chairman of the Rule of Law Summit, organized by the Nigerian Law Students Association, in Abuja, said it was imperative that the federal government ensure that the laws apply equally to everyone at all times.
He argued that it would be impossible for the nation to relegate the rule of law to the background and continue to pretend it has a functioning democracy.
The former president, whose speech was read at the event by Karu / Keffi / Kokona Federal Constituency House Member Jonathan Gaza, said there was a need for the government to always balance the demand for national security and the public interest.
He said: “While it can be argued that strict compliance with the formalism and legalism of the rule of law can lead to an unfair outcome; however, the rule of law remains the bulwark of good governance and the maintenance of the social contract between the state and the governed.
“In its simplest form, the concept of ‘rule of law’ means that we are subject to clearly defined laws and legal principles (rather than the personal whims of powerful people), and that those laws apply. equally to all peoples, at all times.
“The idea that no one is above the law, although foreign, is now a founding principle of our jurisprudence, even if its implementation remains more ambitious than current.
“I have to say this as a disciple of democracy; we cannot abandon the rule of law while retaining our democracy.
“Thus, the rule of law is seen as one of the linchpins of democracy and good governance, as opposed to authoritarian or arbitrary government.
“Unlike the above, there is the concept of national security which aimed to limit the area of ​​personal liberty in the general interest of the state and for the public good.
“It is always a delicate matter of balancing the demand for national security and the public interest.
“As the state wishes to enact laws and adopt policies that will continue to restrict individual rights, citizens will rely on the personal liberty provisions in the constitution and international instruments to defeat the state.
“The judiciary is charged with the responsibility of mediating between state and individuals to determine the appropriate province of rule of law within the legal system.
“This delicate balance has proven to be one of the albatrosses of constitutionalism in Nigeria and the current trend in Nigeria is the executive position that the rule of law is subject to the supremacy of the security of the nation and of national interest.
“The national interest is primarily interpreted as the defense of the state, but it is much broader than the mere defense or protection of the state, but extends to the defense and protection of the citizen and the ‘economy,’ added Dogara.
In his opening remarks, summit organizer Blessing Agbomere noted that although the country has reasonable laws in all aspects of its national life, he said the problem was implementation and law enforcement.
“In any society where there is no respect for the rule of law, there is always anarchy and we cannot call it a society.
“Where there is no law, even the government itself will fail. There is a need for government and individuals to adhere to the rule of law principles and principles for good governance.
“If we adhere to the rule of law, it means that our lives will be governed by the laws we have made,” he added.
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