THE SANCTITY OF RULE OF LAW, NATIONAL SECURITY AND PERSONAL LIBERTY IN NIGERIA
Abstract:The above statement encapsulates the need for
adherence to the rule of law in political governance. This has more than ever
before brought the primacy between national security and personal liberty of
individuals in Nigeria to the front burner. The partisans of rule of law say,
it is the font et origo, the father and grundnorm which takes precedence and
priority over national security. It is a paradigm shift from the logic of
empire, kingdom and fiefdom. The crux of the matter in this piece is which arm
of government determines when national security or interest is in jeopardy?
This paper therefore examined the concept of the rule of law and the extent to
which it can be sacrificed on the altar of national security in a democracy.
Using primary and secondary sources of information, the study found that it is
dangerous to national security or interest for the executive arm to whimsically
deprive citizens of their constitutionally guaranteed rights because of
perceived or actual threat to national security. The study concluded that the
determination of when national security takes prominence over the rule of law
should be the exclusive preserve of the judiciary. To do otherwise would amount
to the ruins of law.