Thesis Abstract

Abstract
The relationship between military administration and the rule of law in Nigeria has been a subject of scholarly and public discourse for decades. This research project aims to explore the impact of military rule on the legal framework and the rule of law in Nigeria. By examining historical perspectives, legal reforms, and case studies, this study seeks to provide a comprehensive analysis of how military administrations have influenced the rule of law in the country. The Nigerian military has a long history of intervening in politics and governance, often through coups and military regimes. These interventions have had significant implications for the legal system and the rule of law. Military governments have frequently suspended or altered the constitution, enacted decrees that bypass normal legal procedures, and established military tribunals that operate outside the regular court system. These actions have often undermined the principles of constitutionalism, separation of powers, and judicial independence, which are essential components of the rule of law. Despite the challenges posed by military rule, there have been efforts to strengthen the rule of law in Nigeria. Civil society organizations, legal professionals, and international partners have advocated for legal reforms to enhance accountability, transparency, and respect for human rights. The return to civilian rule in 1999 marked a significant milestone in Nigeria's democratic development, with the adoption of a new constitution and the establishment of democratic institutions aimed at upholding the rule of law. However, the legacy of military rule continues to shape the legal landscape in Nigeria. The influence of the military can still be seen in the persistence of draconian laws, the use of security forces to suppress dissent, and the lack of accountability for human rights violations. Addressing these challenges requires a concerted effort to reform the legal system, strengthen democratic institutions, and promote a culture of respect for the rule of law. This research project contributes to the existing literature on military administration and the rule of law in Nigeria by providing a detailed analysis of the historical context, legal challenges, and prospects for reform. By shedding light on the complex relationship between military rule and the rule of law, this study aims to inform policy discussions and advocacy efforts aimed at promoting good governance, accountability, and the protection of human rights in Nigeria.

Thesis Overview

1.0                                                  INTRODUCTION

1.1 BACKGROUND STUDY

“Nigeria” as a name was coined by Flora Shaw, who later became the wife of Lord Lugard, the British colonial administrator, on 8 January 1897, which she used as the title of an article in The Times (Meek, 1960), to describe the vast land around the River Niger and its basin. It was formerly called Niger-area, but it was shortened to Nigeria after a long usage. Nigeria gained independence in 1960.

The military system in Nigeria comprises; Nigerian Army, Nigerian Navy and the Nigerian Air Force.

The history of the Nigerian Armed Forces can be traced to 1863 when the Governor-General of Lagos, Lt Glover of the Royal Navy, organised 18 Northern Nigerians into the so called “Glover’s Hausa”. This became known as the Hausa Constabulary in 1987 (Arnold-Baker, 2001). Their functions included: (a) protecting the lives and properties of the British residents in and around Lagos, (b) protecting the British traders, and (c) protecting the British trade routes around Lagos. The Hausa Constabulary and the Royal Niger Constabulary (the troop of the Royal Niger Company raised in 1886), formed the West African Field Force. The first Battalion was formed on the 26 August, 1896, while the second Battalion was formed in 1898, with the third Battalion being added in 1898 (Ukpabi, 1987).

Between 1966 and 1999, the army held power in Nigeria without interruption apart from a short-lived return to democracy from 1979-1983. The military took over the governance of the country through a very bloody coup led by Major Nzeogwu in January 1966 (Osoba, 1996). This coup was claimed to end the misrule, ineptness and corruption of the preceding five years of the civil rule (Osoba, 1996). The coup lasted for just a couple of days; it could not be said to be a total failure as “it set(s) the agenda of military rule in Nigeria as a ‘corrective’ form of governance against corruption and indiscipline and in favour of restoration of democracy and justice” (Osoba, 1996, p. 26).

Nigeria has been governed for a longer period by the military junta than by civilian rule after her independence in 1960. Starting from January 1966 to October 1979 and December 1983 to May 1999, the military has ruled the country for about 30 years. It is also interesting to note that the first colonial Governor-General, Lord Lugard was also a British soldier; he was the person that amalgamated the Lagos Colony, the Northern Protectorate and the Southern Protectorate together to become what his wife named Nigeria in 1900.

The coups and counter coups that started in 1966 ended in the Nigerian civil war in 1967. The Nigerian military was trained in the “British notion of military professionalism that stressed civilian control of the military” (Butts & Metz, 1996, p. 21).

The first military intervention in Nigeria was through a very bloody coup led by Major Nzeogwu on 15 January, 1966 about five years after independence on 1 October, 1960 (Osoba, 1996). The coup was led by five majors, Nzeogwu, Ifeajuna, Okafor, Anuforo and Adegboyega, and it was expected to end the tribalism and corruption (Falola & Heaton, 2008), including misrule, ineptitude and political crisis in Western Region orchestrated by the ruling Northern People’s Congress, which characterised the democratic rule. Unfortunately, the coup was not consummated successfully, the senior military hierarchy frustrated it, and Brig-Gen. Aguiyi Ironsi was installed as Head of State in January 1996.

According to David Jemibewon, a Nigerian retired military officer; the five reasons for military intervention in politics in Africa and the third world countries include:

Ø Inability of the civilians to govern;

Ø Corruption of political leaders;

Ø Absence of peaceful change of government;

Ø Tendency on the part of army officers to emulate their colleagues who had staged coup in other countries;

Ø Personal ambition on the part of officer corps.

1.2     STATEMENT OF THE PROBLEM

Nigeria is an oil-rich state located in the eastern part of African. Since gaining independence in 1960, it has faced numerous regime changes. These fluctuations in stable governance have both positively and negatively affected the livelihood of the Nigerian people. The struggle for power has been a toss-up between civilian governments and militaristic dictators, each fighting to gain control of the lucrative oil reserves. As the military seeks to rid corruption from the ruling body, it has brought additional struggles to everyday life in Nigeria. Military governments in Nigeria have proven to be detrimental to the political strive towards democracy, the economic struggle to eliminate debt, and the livelihood of local Africans The actions of the military eventually led society to lose faith in the state’s abilities. The Nigerian people were no longer confident that the ruling government could solve the basic problems it encountered. This lack of support presents the question of why did society ever allow the military to assume control in the first place? The Nigerian people never thought the military would maintain their grip on power as they have. Society was content with the harsh changes made by the military. Many people felt these changes were necessary to remove corruption and restore order. The role of the military rule in Nigeria affects more negatively than positive, this however arose the interest of the researcher to investigate the influence of military rule on the economy and rule of law in Nigeria.

1.3     OBJECTIVES OF THE STUDY

The general objective of this study is to carry out a study on the Military Administration and the rule of law in Nigeria.

The specific objective are:

1.     To ascertain the effect of Military Administration in Nigeria.

2.     Determine the influence of the Military Administration on the Nigerian rule of Law.

3.     Determine the influence of Military Administration on the Nigeria citizens.

4.     Determine the influence of Military Administration on the Nigerian Economy.

1.4     RESEARCH QUESTIONS

The important research questions related to this study are:

1.     What is the effect of Military Administration in Nigeria?

2.     What is the influence of the Military Administration on the Rule of law in Nigeria?

3.     What is the influence of Military Administration on Nigerian citizens?

4.     What is the influence of Military Administration on Nigerian Economy?

1.5         SIGNIFICANCE OF THE STUDY

The study should be able to critically justify the effect of Military Administration and the Rule of Law in Nigeria. It will also enumerate the effect of Military Regime on the citizens and economy. This study will complement the existing body of literature by contemplating the areas of the literature that have not yet been examined or considered and incorporating these factors into the current study. The study will definitely form the basis for further studies in the field.

1.6     SCOPE OF THE STUDY

The scope of this study is concentrated on the Military Administration and its rule of law in Nigeria, the study will cover the effect, and the influence of military rule on Nigeria and on the rule of law

1.7     LIMITATION OF THE STUDY

The major constraints researchers encountered during this research include time constraint, lack of willingness to give information by respondent and also limited resources.

1.8     DEFINITION OF TERMS

Military Administration: describes both the techniques and systems used by military departments, agencies, and Armed Services involved in the management of the armed forces and a nation as a whole.

Rule of Law: this is the restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws.

Military Coup/ Coup D’ Etat: The sudden overthrow of a government by a usually small group of persons in or previously in positions of authority.