By Tonye Clinton Jaja
One of the principles of the Rule of Law is that everyone should receive equal treatment before the law.
In other words, regardless of the person’s economic or social status, the law should provide equal protection for those that seek refuge before the law enforcement agencies and other institutions of government.
In terms of upholding the rule of law in Nigeria, let the statistics speak as follows:
“Nigeria ranks 120 out of 140 countries in the 2024 World Human Rights and Rule of Law Index, scoring below average and falling behind military-ruled Niger, gang-plagued El Salvador and war-torn Ukraine.
The index, compiled by the World Justice Project, assesses how nations uphold human rights and maintain the rule of law. It evaluates government constraints, corruption levels, openness, human rights protections, public order, regulatory enforcement and the effectiveness of civil justice systems.
Nigeria’s ranking has fluctuated over recent years. It plunged from 106th in 2020 to 121st in 2021, and climbed slightly to 118th in 2022, before falling back to 120th in both 2023 and 2024.
In terms of scores, 2024 marks Nigeria’s lowest performance since 2015. The country scored 0.44 on a scale ranging from 0 to 1, with 1 representing the highest level of adherence to human rights and the rule of law. This is a decline from 0.41, a score Nigeria maintained from 2021 to 2023 after dropping 0.1 in 2021.”
The foregoing statistics is evidence that Nigeria’s adherence to the Rule of Law is on a steady decline.
The recent treatment of suspension meted out to Senator Natasha is an example that there is an unequal application of the Rule of Law in Nigeria by institutions of government that were established to administer the Rule of Law.
It is important to provide a brief background to the principle of the Rule of Law.
The late Oxford University scholar, A. V. Dicey is credited as the proponent of the Rule of Law.
It was propounded as an antidote to prevent anarchy and autocracy and the “State of nature wherein might was right” as stated by Thomas Hobbes.
However, it appears that in Nigeria we are gradually abandoning the 100% application of the Rule of Law. In its stead we are opting for the “State of nature where might is right”.
This is best illustrated by how the Senate of the Federal Republic of Nigeria has handled the sexual harassment cases of two women namely: Her Excellency, Oluremi Tinubu, a former Senator and current first lady of the Federal Republic of Nigeria on the one hand.
And the handling of the sexual harassment episode involving Senator Natasha Akpoti-Uduaghan.
Both female Senators have received unequal treatment by the Senate President and the entire institution of the Federal Republic of Nigeria.
In the case of Senator Natasha Akpoti-Uduaghan, she explored and exhausted all amicable informal options to resolve the said issue (including reporting to her husband, who admitted that he spoke to the Senate President to cease and desist from the sexual harassment of his wife).
Nothing happened by way of official recognition of her complaints, out of the frustration she put a show on the floor of the chambers of the Senate of the Federal Republic of Nigeria on 20th February 2025 as a means to call attention to her plight and subsequently, she submitted a formal petition against her continued sexual harassment which instead of earning her a referral to the Senate Committee on Ethics, Privileges and Public Petitions, earned her a six month suspension from the Senate on 6th March 2025.
Instead of an official investigation of her complaints, Senator Natasha became the subject of all manner of attacks by both her colleague Senators (both serving and past) including one former senator, a lady that alleged that sexual harassment is not something that happens within the four walls of the Senate of the Federal Republic of Nigeria.
In complete, 100% contrast to the treatment meted out to Senator Natasha Akpoti-Uduaghan, Her Excellency Oluremi Tinubu, also made a complaint of sexual, or more appropriately gender-based harassment against His Excellency, Mallam El-Rufai, immediate past Governor of Kaduna State.
And her allegations were treated with utmost despatch.
In August 2023, or thereabouts, Her Excellency, Oluremi Tinubu’s complaints resulted in the refusal of the Senate of the Federal Republic of Nigeria to confirm Mallam Nasir El-Rufai as a Minister of the Federal Republic of Nigeria.
Below are details of the allegations by Her Excellency Oluremi Tinubu against Mallam El-Rufai, as published on social media, as follows:
“What actually happened was that, Nasir El-Rufai tried to compel My Husband to divorce Me and Marry a Muslim Lady from the North if My Husband truly wants His support, and that of the North in picking a Christian from the North as Vice President.
El-Rufai said that since I have no biological Child for my husband, that I’m ineligible to be called a wife and 1st Lady, but the Almighty God shamed El-Rufai, and made My husband to love and stood by Me.
Today, I’m the 1st lady of the Federal Republic of Nigeria, and El-Rufai and His gang of Hate should accept that.
El-Rufai nearly kicked me out of My matrimonial Home.
El-Rufai nearly destroyed My marriage
El-Rufai called Igbos Inyamiri do dom doya.”
Dr. Tonye Clinton Jaja,
Executive Director,
Nigerian Law Society (NLS).
