CRITICAL EXAMINATION OF RULE OF LAW AND GOOD GOVERNANCE AS TOOLS IN OVERCOMING TERRORISM IN NIGERIA CHAPTER ONE INTRODUCTION 1.1 Introduction This research will examine the role and extent of the rule of law and good governance can be used as tools to overcoming terrorism in Nigeria. The attainment of independence by African countries including Nigeria from colonial domination and democratization of these countries have not been matched with the rapid economic and social/political development that these changes were expected to bring. In recent times, calls were made for good governance among African leaders with regards to the fact that various structural adjustment programmes for developing countries by the World Bank and the International Monetary Fund were not producing the desired effect. It is clear that adherence to the principles of the rule of law plays an important role in realizing, ensuring good governance and over-coming terrorism. The importance of the ruling parties in African countries to have a strong will to uphold the rule of law is stressed as this will help to protect and promote human rights, democracy, and good governance and will make the governance enjoy a high quality of life and enable them to cope with economic difficulties. In Nigeria the doctrine of the rule of law is present and rest on the norm that the constitution is supreme and that from it must flow all exercise of governmental power. In Section 1(1) of the 1999 Constitution of the Federal Republic of Nigeria it provides that, this constitution is supreme and its provision shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria. Section 1(2) states that, the Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof except in accordance with the provisions of this constitution. Section (3) states that if any other law is inconsistent with the provision of this constitution, this constitution shall prevail, and the other law shall to the extent of the inconsistency be void. The principle of rule of law is the basic guide to good governance and overcoming terrorism and it includes the supremacy of the constitution, equality before the law and civil liberties. Rules of law and good governance are the best source of government. Nigeria’s history of terrorism is such that it is characterized by its disregard for the rule of law and provision of good governance by both the government. To safeguard democracy therefore, the judiciary must awake to it statutory and constitutions responsibilities. 1.2 Background of the Study The failure to practice the rule of law and good governance has given to the rise of terrorism and insurgency in our Nigeria today. Pronouncement have been made that irrespective of the severe effect which has been caused by both rule of law and good governance not been practiced with adequate reference to appropriate legal frameworks which sees to the observance of the rule of law and good governance, terrorism can be overcome or alleviated. Adequate penalties implied to the violators of the rule of law and good governance would help to prevent the issue of terrorism and also, prevent possible acts of terrorism which would result to the infringement and violation of human rights. 1.3 Statement of Problem The problem which has necessitated this research is the issue of not practicing what the rule of law and good governance is all about which has given right to the issue of terrorism in Nigeria today. Based on this problem research questions have been formed. 1.4 Research Questions This research will seek to answer the following questions. 1. Is the rule of law and good governance really practiced in Nigeria? 2. Can rule of law and good governance be used to overcome terrorism in Nigeria? 1.5 Aim and Objective of Study The aim of this research is to examine the extent of practice of the rule of law, good governance and how terrorism can be overcome in Nigeria. And the objectives are as follows: 1. To establish, if the rule of law and good governance are been practiced and how to overcome terrorism in Nigeria. 2. To state the relevant legal frame work of practicing the rule of law, good governance and overcoming terrorism. 3. To analyze the best practices that will avail the practice of rule of law, good governance and restoring peace back to Nigerians. 1.7 Research Methodology This research will use the doctrinal research method and will make use of primary and secondary sources such as text books, journals, law reports, internet materials, newspapers and other relevant materials.
1.8 Significance of Study The significance of this study are 1. To understand the concept of rule of law, good governance and terrorism. 2. To establish the effect of terrorism and if rule of law and good governance are practiced in Nigeria. 3. To explore on how the rule of law good governance can be practiced and how terrorism can be overcome in Nigeria. 1.9 Research Structure This research work is divided into five chapters. Chapter one is the general introduction. This chapter captures in a nutshell the purpose of this work. It also states that research questions which serve as a guide for the writer and the reader it also has the research methodology and the research structure which enhances the understanding of the long-essay. Chapter two has the literature review; this chapter will assess the definition of various concepts like the rule of law, good governance and terrorism by various authors and juristic enunciations. The chapter will also, review the concept of the rule of law, how it originated, if it has helped in good governance and its correction with the issue of terrorism in Nigeria. Chapter three; three fundamental issues of the rule of law and how it helps to run a good government. This chapter examines the ongoing issue on the failure to apply the three fundamental principles of the rule of law and how this has really led to the type of governance we are having today. Chapter four analyses the challenges felt by people of the country with regards to what the terrorist are doing and the way this could be overcome or curtailed with reference to the statutes relating to “The rule of law and good governance as tools in overcoming terrorism” in Nigeria. Chapter five provides conclusion and recommendations for the study.
CRITICAL EXAMINATION OF RULE OF LAW AND GOOD GOVERNANCE AS TOOLS IN OVERCOMING TERRORISM IN NIGERIA
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