In the 2023 World Justice Project (WJP) Rule of Law Index, Nigeria’s ranking at 120th out of 142 countries is a stark reminder of the challenges the nation faces in upholding the rule of law.
This position, similar to the previous year’s rank of 118th out of 140 countries, still places Nigeria in the lower echelons of the global legal landscape.
The WJP Rule of Law Index is a comprehensive measure of a nation’s adherence to the rule of law, and Nigeria’s consistent placement near the bottom is concerning. The 2023 report highlights a global decline in the rule of law for the sixth consecutive year, with Nigeria being no exception. Fundamental Rights, a critical component of the index, have seen a decline in 77 per cent of countries since 2016, including Nigeria.
Nigeria’s slight improvement in score is overshadowed by the broader context of legal decline. Over the past seven years, the country has witnessed a deterioration in Constraints on Government Powers and Civil Justice, indicating a weakening of checks on executive power and a struggling justice system.
The comparison with previous years paints a grim picture. The country’s overall rule of law score decreased by 3.7 per cent in the 2021 Index, placing it at 121st out of 139 countries.
In 2022, Nigeria’s overall rule of law score decreased, and the nation ranked 24th out of 34 countries regionally in Sub-Saharan Africa. The decline in Civil Justice and the erosion of Fundamental Rights are particularly troubling, as they directly impact citizens’ access to justice and the protection of human rights.
The Nigerian government, both past and present, has faced criticism for failing to uphold promises regarding the rule of law.
President Muhammadu Buhari made several commitments to democracy, fundamental human rights, and the rule of law, both at home and abroad. Despite this, there have been notable cases where the government did not respect court orders.
In 2018, President Buhari stated that “The rule of law must be subject to the supremacy of the nation’s security and national interest,” which raised concerns about the prioritisation of national security over individual rights and the rule of law.
In 2019 the Department of State Services (DSS) refused to release Omoyele Sowore on bail despite a court order. Other prominent figures, such as Shi’a Muslim leader Ibrahim El-Zakzaky, former National Security Adviser Sambo Dasuki, and IPOB leader Nnamdi Kanu, have also been kept in detention contrary to court orders.
The current administration of President Bola Tinubu has also made public commitments to uphold democracy and the rule of law. However, there have been instances where actions taken by the administration have not aligned with these promises.
Amnesty International reported that after six months in office, President Tinubu’s administration failed to ensure respect for human rights and the rule of law. This included new government policies that did not address rampant human rights issues.
This 2023 WJP Rule of Law Index should serve as a reminder to Nigeria’s government and its institutions that the rule of law is the bedrock of a fair and just society. The nation’s legal framework must be strengthened, and reforms must be implemented to ensure that the law is not only upheld but also accessible to all citizens. The government must take decisive action to reverse the trend of legal decline and restore faith in the nation’s justice system.
The country should prioritize legal reform and improve its standing in the WJP Rule of Law Index. It is imperative for the nation to critically assess its legal system and implement necessary changes to foster a culture of lawfulness and justice.
Nigeria has the potential to be a beacon of legal excellence in Africa. However, to achieve this, there must be a concerted effort to address the shortcomings highlighted by the WJP Rule of Law Index. The time for change is now, and Nigeria must rise to the challenge of treating its law with the respect and diligence it deserves.