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Lesson Notes / Scheme of work

Primary 1 | Primary 2 | Primary 3

Primary 4 | Primary 5 | Primary 6

Question Bank

Primary 1 | Primary 2 |Primary3

Primary 4 | Primary5 | Primary6

SSS1 | SSS2 | SSS3

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THE RULE OF LAW

CONTENT

Basic Interpretation of the Rule of Law
The Main Principles and Features of the Rule of Law
Other Principles and Features of the Rule of Law
Problems of Application of the Rule of Law
Factors that Can Ensure the Operation of the Rule of Law

Basic Interpretation of the Rule of Law

Rule of Law is the absolute supremacy or predominance of the law over everybody – both rulers and the ruled and all decisions taken in a country.

According to professor A.V. Dicey (a Briton), a professor of English law who developed and popularize the phrase “Rule of Law” in his book titled “Introduction to the Law of the Constitution” published in 1885, “those entrusted with the administration of a country should rule or exercise their authority in accordance with the established law of the land and such established law should be regarded as supreme”. The phrase has other phrases like “that no citizen can be punished except as prescribed by the law; which means that no one can be punished without trial. That the law must be known to all citizens.

In other words, the rule of law emphasizes the supremacy of the law over individuals and government, it guarantees peoples liberty and equality of all individuals before the laws of the land. The major aim of the rule of law is to ensure that government rule in accordance with the laws of the land.

The Main Principles and Features of the Rule of Law

Supremacy of the law: It means that the law of a state is supreme or higher than anybody in the state. A citizen is deemed innocent until proved guilty by the law court. Anybody who is arbitrarily arrested and detained for more than twenty four hours can apply to the law court for a writ of habeas corpus.
Equality before the Law: It means that nobody is above the law. The law is no respecter of persons irrespective of the position. In Dicey’s views, all men are equal before the laws of the land. All citizens of a country should enjoy equal access to law facilities, equal right to fair hearing, legal advice in the court of law. This principle assumes the notion of legality, which means due process of law in dealing with offenders.
The Rights of the individual: This principle states that citizens of a country should enjoy certain basic inalienable rights and liberties under the law, violation of which they have the right to seek redress in a law court which has the exclusive jurisdiction to handle such cases according to the constitution. The UN 1948 Universal Declaration of Human Right is a good basis on which the protection of citizens’ rights is hinged.

Other Principles and Features of the Rule of Law

Absolute supremacy or dominance of law over everybody in the land (supremacy of the law)
Access to legal facilities.
Provision of the constitution.
Fair hearing.
The law should be made public.
Right to appeal.
Backdating of laws.
There should be no government censorship or influence of the press.
Punishment must agree with offence committed.

EVALUATION

What is Rule of Law?
Highlight six principles (features) of the rule of law.

Problems of Application of the Rule of Law

The rule of law has maximum liberty for all the individuals in society. However, the effect of the rule of law is frustrated by the following:

Immunity provision: Certain categories of public office holders like the president, diplomats, judges, legislatures etc. may not be sued in the law court while the tenure of their respective offices last. In international law, foreign diplomats are not tried under the laws of their host countries.
Customs and traditions: The practice of some people in terms of customs and traditions may hinder the full enjoyment of peoples’ rights. This limits the working of the rule of law.
Delegated legislation: The delegation of law making power to some bodies other than the legislature often brings about complexity of law and abuse of such power which may lead to violation of fundamental human rights of the citizens even without the opportunity of seeking redress.
Administrative tribunals: This are quasi judiciary which may not give room for fair judgment, fair hearing, protection of human rights and the right to exercise appeal against erroneous judgment due to the fact that tribunals are not legal court the members may not have full legal knowledge
Illiteracy, ignorance and abject poverty: Where there is high level of illiteracy many will be ignorant of their rights or how to get redress when such rights are violated. The cost of litigation also discourages poverty ridden citizens from pursuing justice
State of emergency: When a state of emergency is declared in a country, citizens will find some of their rights denied in other to restore peace and other.
Red-tapism: Unduly long processes and procedures involved in justice administration often delay its dispensation. It is said that justice delayed is justice denied. A great number of suspects languish in detention for years without being tried in the law court.
Lack of press freedom : If the press does not have the opportunity to operate freely, the rule of law becomes less effective
Type of government: The type and system of government practiced in a country will determine the degree of the application of the rule of law. In a country where military or unitary system of government is adopted, there will be minimum application of the rule of law.
Dependent and emasculated judiciary: This relates to the lack of autonomy of the judicial arm of government which hampers equity and fairness within the judicial structure, process and system.
Police brutality supported by government: This entails the inhuman treatment meted out to Nigerians by irresponsible security officers.
Imposition of curfew: Imposition of curfew by government to certain areas or all parts of a country is a negation to the principle of rule of law. Curfew may be imposed either from dusk to dawn or as the situation warrants, when there is breakdown of law and order.

Factors that Can Ensure the Operation of the Rule of Law

Independent judiciary
Press freedom
The law to be kept open
Quick dispensation of justice
Period of detention
Public trial.
Power separation
To seek redress in court
Democracy
Right to appeal

EVALUATION

What are the limitations to the application of the Rule of Law?
Discuss the factors that can ensure or aid the successful operation of the Rule of Law.

FUNDAMENTAL HUMAN RIGHTS

CONTENT

The Meaning of Fundamental Human Rights
The Fundamental Human Rights
The Categories of Fundamental Human Rights
Means (Ways) of Safeguarding Fundamental Human Rights
Limitations to Citizens’ Rights

The Meaning of Fundamental Human Rights

Right may be defined as certain privileges that every citizen enjoys in a country irrespective of sex, tribe or creed. These rights are natural, civil, political, and legal. The state has the right to protect and guarantee these rights. Fundamental human rights are usually contained in the constitution of a country and they must be respected and protected as far as the state exists and recognizes such rights in a democratic society. Human rights a thus conceived as universal that is applicable everywhere and egalitarian that is the same everywhere. Some of these fundamental human rights include- right to life, rights to freedom of movement, right to freedom of expression and the press, right to freedom of fair hearing, right to vote and be voted for, right to social security, right to freedom from slavery etc.

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The Fundamental Human Rights

The fundamental human rights include:

The right to life: This entails that everybody has the right to life. No one is permitted to take another person’s life.
The right to dignity of human person: Every one’s dignity must be respected. No one should be tortured, enslaved or forced to do work.
The right to fair hearing: Any citizen who is accused of having committed an offence must be given the opportunity to defend himself or to employ the service of a lawyer.
The right to private and family life: Every citizen should be protected from unwanted attention. Thus, no one may forcefully enter the home of another citizen. Nobody should read another citizen’s letter or listen to their conversation on the phone.
The right to conscience and religion: Every citizen is free to think what he wants to believe in and practice any religion.
The freedom of expression and press: Every citizen has the right to hold his opinion and to express it. He may also establish and print newspapers or books.
The right to freedom of assembly and association: This implies that every citizen is free to associate with any group as well as hold meetings which are not detrimental to human and societal peace and progress.
The right to freedom of movement: Nigerians are free to move throughout Nigeria and reside anywhere of their choice.
The right to freedom from discrimination: This implies that no citizen should be treated unfairly because of their place of origin, sex, religion or political opinion, etc.

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The Categories of Fundamental Human Rights

Civic Rights

Right to life: This means that every human being has the right to live.
Right to personal liberty: This recognizes freedom from unlawful arrest, intimidation and detention.
Right to dignity of human person: The dignity of the individual persons should be respected.
Right to fair hearing: All citizens who are alleged of any offence must be given the right to be heard in the law court. This will enable the suspect to defend himself/herself in the court of law.
Right to freedom of movement: All citizens in the country should have equal rights of freedom of movement from one part of the country to the other without restriction.
Right to freedom from slavery: Citizens of a democratic state must be free from any form of slavery and force labour which may lead to denial of their rights
Right to freedom of speech/expression and publication (press): This implies freedom to say or air one’s own opinion without restriction or censor, slander or libel.

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Social Rights

Right to education: This means right to enjoy basic education
Right to freedom of thought, conscience and religion: Every human being has right to any religion of his choice. In addition to enjoyment of freedom of thought and conscience.
Right to private and family life: This means that every human being is entitled to enjoy family life without any disturbance.
Right to social life and social amenities: It means that citizens has the right to live together and free to enjoy all facilities as provided by the government, like water, electricity, education, communication, health facilities, etc.

Political Rights

Right to vote and be voted for: This means you can vote and be voted for. You can vie for any public office or exercise voting right by voting for any candidate of your choice.
Right to serve in any public office.
Right to criticize the government: This must be constructive and not destructive or abusive.
Right to join any political party of your choice.
Right to freedom to peaceful assembly and association.

Economic Rights

Right to own property: Every human being has the right to aspire or to actually own property.
Right to gainful employment: It means right to work in any part of the country.
Right against compulsory acquisition of property without adequate compensation.
Right to establish any legitimate business of your choice.
Right to use resources: Every citizen has equal access to use natural, financial, human and material resources in the country

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EVALUATION

Define the Rights of a Citizen.
Outline six civic rights of a citizen.
What are the political rights of Nigerian citizens?
Give three economic rights.

Means (Ways) of Safeguarding Fundamental Human Rights

The constitution: The entrenchment of fundamental human right of citizens in the constitution is a way of safeguarding their rights, e.g. right to life, freedom of speech, etc.
Existence of the principles of the rule of law: The government under the principles of the rule of law has an obligation in ensuring the existence of civil liberty and equality of all citizens.
Independence of the Judiciary: For citizens to enjoy their rights, the judiciary should be free from the interference and control of both the executive and the legislature.
Freedom of the press: The press should be free to serve as the watchdog for the rights of all citizens.
Activities of the opposition: The opposition, whether in government or outside it, is a powerful instrument for protecting the rights of the citizens. It makes government to be on its toes as per the rights of citizens.
Consciousness and vigilance of citizens over their rights: People must be vigilant so as to be able to protect their rights.
Establishment of Human Rights Commission: E.g. OMBUDSMAN/Public Complaint Commission.
Respect for international conventions on human rights of citizens.
Provision of legal aids to indigents or disabled members of the society to ensure their protection from injustice.
Provision of social and economic facilities. E.g. schools, hospitals and employment opportunities to ensure the well-being of citizens.
Proper enforcement of law and order by the security agencies and community.
Adherence to the doctrine of the separation of powers with effective checks and balances. This intended to avoid undue interference and abuse.

Limitations to Citizens’ Rights

Right to life can be limited by criminals being executed through due process of law, war, disease, riot, disaster, etc.
Right to dignity of human person can be limited by law enforcement agents’ brutality, ignorance, illiteracy, government’s power, insanity, religion, culture, disaster, poverty, etc.
Right to freedom of thought, conscience and religion can be restricted by the type of government in power, especially fascist or totalitarian governments always restrict freedom.
Right to education can be limited by the type of government in power, poverty or disease or police brutality.
Right to peaceful assembly and association can be limited by war, state of emergency, disease, violence, law on cultism and secret societies, etc.
Right to freedom of movement can be limited by police arrest and detention of suspects, imposition of curfew.
Right to freedom of discrimination can be limited by diseases, age, sex, race, partisan politics, tribalism, etc.

EVALUATION

Highlight five rights of citizens.
What are the limitations to these rights?

SEPARATION OF POWERS; CHECKS AND BALANCES

CONTENT

Meaning of Separation of Powers
Separation of Personnel Performing Functions
Purpose/Reasons for Separation of Powers
Checks and Balances in the Arms of Government
Relationship between Separation Of Powers And Checks and Balances
Separation of Powers in a Parliamentary (Cabinet System of Government)
Separation of Powers in the Presidential System of Government
Checks and Balances in a Cabinet (Parliamentary) System of Government
Checks and Balances in a Presidential System of Government

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Lesson Notes / Scheme of work

Primary 1 | Primary 2 | Primary 3

Primary 4 | Primary 5 | Primary 6

JSS1 | JSS2 | JSS3

SSS1 | SSS2 | SSS3

Question Bank

Primary 1 | Primary 2 |Primary3

Primary 4 | Primary5 | Primary6

JSS1 | JSS2 | JSS3

SSS1 | SSS2 | SSS3

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