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Volume 1, Issue 5 - March 2026

A Comparative Appraisal of the Distinction between the Rule of Law and Rule by Law in Nigeria

Paper ID: CRSIJ26000095

Author(s): Ebenezer Amadi, Faith Akatiki Joseph, Evbu O. Igbinedion

Category: Arts, Social Sciences and Humanities

Research Area: Law

Pages: 336-345

Published Date: 06-06-2026

Volume/Issue: Volume 1 Issue 5 March-2026

ISSN (Online): 3108-1584

Abstract

The distinction between the rule of law and rule by law has garnered significant attention in academic and policy discussions within governance and legal studies. The rule of law emphasizes principles of legality, transparency, accountability, certainty, and equality before the law, while rule by law refers to the manipulation of legal frameworks to legitimize the actions of those in power, often undermining individual rights and freedoms. Nigeria’s intricate legal and governance landscape provides a compelling context for a comparative appraisal of these concepts. This research undertakes a critical analysis of these concepts with a view to generating insights, drawing from comparative international practices, and advancing recommendations aimed at strengthening adherence to the rule of law in Nigeria. The study adopts a doctrinal research approach, involving a systematic examination of legal principles, statutory provisions, and academic commentary. Both primary and secondary sources are utilised, including legislation, judicial decisions, textbooks, and scholarly journals. The findings highlight the distinct features of the rule of law as contrasted with rule by law, while emphasising the imperative for Nigeria to address the persistent challenges affecting the effective implementation of the rule of law. Consequently, the study recommends comprehensive legal reforms focused on strengthening judicial independence, ensuring equal access to justice, promoting effective checks and balances, and fostering a culture of accountability and transparency across all government levels.

Keywords

Rule of law, rule by law, academic, policy

Citations

Ebenezer Amadi, Faith Akatiki Joseph, Evbu O. Igbinedion, "A Comparative Appraisal of the Distinction between the Rule of Law and Rule by Law in Nigeria", Cosmo Research & Science International Journal, vol. Jul-25, no. 1, pp. 336-345, 2026.

Ebenezer Amadi, Faith Akatiki Joseph, Evbu O. Igbinedion (2026). A Comparative Appraisal of the Distinction between the Rule of Law and Rule by Law in Nigeria. Cosmo Research & Science International Journal, Jul-25(1), 336-345.

Ebenezer Amadi, Faith Akatiki Joseph, Evbu O. Igbinedion. "A Comparative Appraisal of the Distinction between the Rule of Law and Rule by Law in Nigeria." Cosmo Research & Science International Journal, vol. Jul-25, no. 1, 2026, pp. 336-345.

BibTeX
                @article{CRSIJ26000095,
                  author = {Ebenezer Amadi, Faith Akatiki Joseph, Evbu O. Igbinedion},
                  title = {A Comparative Appraisal of the Distinction between the Rule of Law and Rule by Law in Nigeria},
                  journal = {Cosmo Research and Science International Journal},
                  year = {2025},
                  volume = {1},
                  number = {5},
                  pages = {336-345},
                  issn = {3108-1584},
                  url = {https://cosmorsij.com/published/CRSIJ26000095.pdf},
                  abstract = {The distinction between the rule of law and rule by law has garnered significant attention in academic and policy discussions within governance and legal studies. The rule of law emphasizes principles of legality, transparency, accountability, certainty, and equality before the law, while rule by law refers to the manipulation of legal frameworks to legitimize the actions of those in power, often undermining individual rights and freedoms. Nigeria’s intricate legal and governance landscape provides a compelling context for a comparative appraisal of these concepts. This research undertakes a critical analysis of these concepts with a view to generating insights, drawing from comparative international practices, and advancing recommendations aimed at strengthening adherence to the rule of law in Nigeria. The study adopts a doctrinal research approach, involving a systematic examination of legal principles, statutory provisions, and academic commentary. Both primary and secondary sources are utilised, including legislation, judicial decisions, textbooks, and scholarly journals. The findings highlight the distinct features of the rule of law as contrasted with rule by law, while emphasising the imperative for Nigeria to address the persistent challenges affecting the effective implementation of the rule of law. Consequently, the study recommends comprehensive legal reforms focused on strengthening judicial independence, ensuring equal access to justice, promoting effective checks and balances, and fostering a culture of accountability and transparency across all government levels.},
                  keywords = {Rule of law, rule by law, academic, policy},
                  month = {March}
        }      

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