THIRD TERM 2023/2024 SESSION

GOVERNMENT NOTE FOR SS 1

LESSON ONE

RULE OF LAW

The term “Rule of Law” is the idea that the law of state is supreme. It does not
offer special protection to any official be he a soldier, policeman or even a minister of
state. It also means that all citizens are given equal protection by the law.

In like manner, the “rule of law” is the idea not only that every citizen shall be
equally bound by known and fair laws enforced by known and impartial judges, thus
protecting each individuals, but also that the government itself shall equally be bound
by these laws, so that the relationship between the government and every individual
shall be controlled in the same way as those of individuals with each other. Only in
this way can the rights of the individual citizen be protected and asserted against
tyranny on the part of the government. Also, the phrase or term” rule of law” means
that the law is supreme, superior and generally acceptable as the only mode of
determining and dispensing justice in a given state.

The rule of law is a negation of arbitrary power and whims and caprices. If
everyone is placed in equal position before the law, then that country is governed on
the basis of rule of law. If any government exercises its power discretionally without
any regard to the law of the state, such a government rules arbitrarily. Under the rule
of law, all men are subject to the same law and equal before the law. The law knows
nobody and is not a respecter of persons.

THE PRINCIPLES OF THE RULE OF LAW

There are three basic principles of rule of law. These principles were propounded by
Professor A.V. Dicey. The principles are:

(i) The principles of impartiality or supremacy of the law

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 This means that no man should be punished or made to suffer breach of law unless
established by a court of law. One should only be punished for breaking the law
whom he is found guilty by a court of law. Any given government is to dispense
justice and exercise its authority in accordance with the dictates of the law of the
state

(ii) The principles of equality before the law

This means that nobody is bigger than the other before the law. Everybody is equal
before the law. Everybody is equal before the law and the law is not a respecter of
any person. As the laws treats A, so will it treat B. every person irrespective of
position or rank is subject to the law of the land and the jurisdiction of the law
courts.

(iii) The principles of the liberty of the individual or the rights of the individual

This last principle gives certain rights to the individual in the society. These rights
are often entrenched in the constitution of the country concerned which is either
written or unwritten.

The rights are often referred to as the inalienable rights of the individual. Such
rights include right to life. Freedom of association, Freedom of religion, Freedom
of speech, movement and to own property etc

Conditions necessary for Rule of Law to operate

For a true and realistic rule of law to operate in any given country, the following
conditions must be present:

1. The law must be applicable to all the citizens

2. The law must not be ambiguous or based on a remote principle.
3. The law must be made public
4. It must be reasonable in its basis as well as application.
5. Everyone must be certain that a breach of the law will incur some sanctions.
6. There must be a system of defections/ breaches

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 7. There must be a system of punishment distinct from that of detention
8. A person accused should be given opportunity to defend him/herself
9. Punishment for offenders must be laid down and should not take retrospective
nature.
10. An accused should be allowed to call witnesses and be defended by a counsel
of his choice.
11. The trial of any accused or offenders should be made as public as possible.
12. Allowance must be made for appeals.

LIMITATION EXCEPTIONS TO THE RULE OF LAW

1. Head of state or presidential immunity

In most states of the world, the Head of State or President or Queen is given
some privileges that makes him or her seem to be above the law. This means
that such persons are either fully or partially free from any offence they may
commit e.g. the Queen of England is above the law of England.
2. Diplomatic Immunity
Diplomats are above the law of the country in which they are serving e.g. the
Nigerian Ambassador and his staff who are in the United States of America
cannot be prosecuted in any of the US courts. Even no police can arrest or stop
them. The police even with a search warrant is not allowed to enter into the
Nigerian Embassy unless permitted by the Ambassador. This is because the
Ambassador and the staff are enjoying or are covered by the diplomatic
immunity. The only alternative action open to the U.S. Government is to
declare the Nigerian Ambassador or any of his staff “Persona-non-grata”
meaning undesirable element, and then ask the Nigerian Government to
remove him.
3. Existence of Administrative tribunal having judicial powers is a limitation to
the rule of law
4. Trade union and Parliamentary immunities are other limitations to the rule of
law

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 5. Judicial immunity : Judges are immuned against prosecution when they err in
the dispensation of justice while presiding over a case.
6. Psychiatric immunity
Mentally disabled or psychiatric patients are free from prosecution on any
offence in any court of law, e.g. mad man or lunatics are not tried in any court.

HOW INDIVIDUAL LIBERTY IS SAFE-GUARDED BY THE RULE OF LAW

1. The rule of law gives all citizens equal protection before the laws. The law is
supreme and does not offer special protection to anybody. Through this way,
the rule of law safe-guards individual liberty.
2. The rule of law ensures that no man is punished or made to suffer breach of the
law. This provision helps to safeguard individual liberty.

LESSON TWO
POLITICAL CULTURE
This is the set of opinions, beliefs and attitudes shown by people in a country towards
politics, politicians or a political system. Political culture is shaped by a country's
history and the individuals experiences in that country.
Components of Political Culture
Political culture can be explained in terms of three patterns of behaviour or attitudes of
the people towards political objects. These patterns of behaviour or attitude are known
as components or aspects of political culture. Political objects refer to three things:
(a) Institutions such as the legislature, executive and judiciary.
(b) The personnel in such institutions such as legislators, ministers, judges, civil
servants etc.
(c) Governments policies and decisions such as free education programme, obtaining
political autonomy etc..
Political culture is formed through a process called political socialization. Political
culture has three components, namely:
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(a) Cognitive orientation: This refers to people's awareness of their political system,
its roles, office holders as well as its policies. For example, the way Nigerians
understand their country's politicians and the policies they make shape their reaction
to political issues. The political views and beliefs are influenced by the awareness
about politics, politicians and their behaviour.
(b) Affective orientation: This refers to feelings of like or dislike of the political
objects. It concerns the people's feelings (like or dislike) about the political system, its
roles, its office holders as well as its policies.
(c) Evaluative orientation This is people's judgement and opinion about political
objects. They judge according to their preferences and values.
Usually, the above components go together. People's awareness about a political
object help to form their feelings and opinions about it

LESSON THREE
POLITICAL SOCIALIZATION
This is the process by which an individual learns the political culture of his country.
Through political socialization, citizens come to know and practise the patterns of
behaviour that are accepted as normal in the society Political socialization begins from
childhood and goes on throughout a persons entire life.
Agents of Political Socialization
Our opinions, beliefs and attitudes toward the political system are mainly learned
through agents of socialization such as the family, school, peer groups and the mass
media.
(a) Family: The family is the most important agent as it is the first social unit in which
an individual interacts with others from childhood. The family socializes a person in
three ways:
(1) through instruction.
(ii) through children emulating their parents, and

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 (iii) through a child extending or transferring the feeling he has for his parents to
political objects.
Owing to parental influence, an individual political behaviour tends to resemble that
of his parents. Thus all members of a family very often may vote for the same
candidate in an election.
(b) School: A child's school experience exert influence in shaping his/her political
behavior. This is why subjects such as civics and social studies are designed to teach
the child about government and politics as well as activities, ar responsibilities
associated with them.
(c) Peer group. People of our age with whom we relate closely are called peer groups.
A person close relations, friends, age-mates, neighbour school mates, and co-workers
influence his/h attitudes. The older we grow the less influent parents and teachers
become in shaping our political attitudes. On the other hand, peer groups become
more influential agents of socialization. Our political behaviour is not an exception.
(d) Mass media: Radio, television, newspapers cinema and theatre are important
agents of political socialization. The mass media have become important in public
opinion formation and expression. The three main functions of mass media are:
(i) news dissemination
(ii) education
(iii) entertainment
These enable the mass media to influence people and expose them. Besides, the media
have the advantage of reaching a large audience. Socialization therefore is a learning
process and political socialization is the process through which people learn about
political attitudes and behavior. Other agents of political socializations are
government, political parties and religious organizations.

LESSON FOUR

THE NIGERIAN CIVIL WAR

It started with the creation of 12 states on May 7, 1967 by Gowon, the new head of
state. Lt. Colonel Odumegu Ojukwu, the military governor of Eastern Region in a
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sharp reaction to Gowon's creation of new states and establishing of the regional
system which was against the Aburi Accord. On May 30, 1967, Ojukwu declared a
republic of Biafra.
The federal military government of Nigeria led by general Gowan (retied)
following the declaration of a republic of Biafra decided to take a policy to quell the
seccession of the eastern region. This, on July 6 1967, the civil war broke out on May
1968 and there was another peace meeting at Addis Ababa, Ethiopia, to end the civil
war. Four countries in Africa, Gabon, Ivory Coast, Tanzania, Zambia together with
Haiti in South America recognized Biafra. By the end of 1969, Ojukwu fled from
Biafra.
On January 10th 1970, Lt Col. Effiong made treaty with federal government of
Nigeria which ended the 30 month civil war on January, 1970. Gen. Gowon accepted
the peace treaty and the war ended. At the end of the civil war, the federal military
government pursued the policy of the 3 regions which are, reconstruction,
rehabilitation and reconciliation.
CAUSES OF THE NIGERIAN CIVIL WAR
There were remote and immediate causes of the civil war. The remote causes of the
civil war were:
1. The national census controversy of 1962
2. The general election crisis of 1964
3. Free expression by tribal sentiments in political campaign.
4. The tendency to suppress opposition in politics
5. The introduction of decree 34 by Ironsi government who decided to make Nigeria a
unitary state.
6. Dominion of the Northern Nigeria on their own region by the southerners.
7. Introduction of the northern oligarchy into the admistration of Nigeria.
8. Desire of each regional party to control the centre.
9. Western region election of 1965.

POLITICAL IMPLICATIONS OF THE CRISIS

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1. The Northern had the opportunity to dominate the political leadership of the
country. In other words establishment of northern hegemony in Nigeria.
2. The Igbos lost their rightful or formal position in the political scene or leadership of
the country and were relegated to the background, since they were defeated in the war
(i.e. permanent wound on the easterners)
3. Tribal politics became more pronounced and accepted among the citizens of the
country. This is manifested in the sharing of political post or positions based on quota
system or state of origin. This made the political unity of the country more difficult, if
not possible.

THE IMMEDIATE CAUSES OF THE CIVIL WAR IN NIGERIA

1. The 1966 coup which claimed the lives of the ex-politicians, especially for the
northern and western regions (i.e. from the north Alhaji Abubakar Tafawa Balewa,
Ahmadu Bello, the Sarduana of Sokoto and from the west, chief Samuel Ladoke
Akintola) The belief by the northern that 15th January coup was an Igbo coup and the
non-trail of the coup plotters by the incoming of Ironsi's government.
2. The second military coup of 29 July 1966 which claimed the life of the former head
of state. Major General Aguiyi Ironsi and Igbo man. The Easterners especially the
Igbos believed that coup was a northern coup and a retaliation of the 1966 January
coup.
3. The refusal of Lt.colonel Odumegu Ojukwu, the military governor of Eastern
region to recognized Gowon as the new military head of state. According to Ojukwu
Gowon was not the right person to head the Army because he was a junior official in
the army and that he cannot take order from (Gowon)
4. The progroms and massacre perpetrated against the southern especially the Igbos by
the northern before and after the 2nd military coup in which the formal head of state
Aguiyi Ironsi was killed.
5. The creation of more state in the country as a means of ensuring that there will be
no future secession and the elevation of the minority group to a very important
position.

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6. The inability of the new federal military government under Gowon to stop the
progre progrom/massacre against the Igbos by the northerners and to guarantee the
safety of life and property of Igbos living in the northern region.
7. The failure of the Aburi Accord (i.e. confederation)
8. Gowon's urge to unite the country.
9. The determination of the federal government to crush the rebellious and to maintain
the territorial integrity of Nigeria.
10. The discovery of oil in the eastern part of the country.

LESSON FIVE
DELEGATED LEGISLATION
Delegated legislation refers to the laws, regulations and rules made by non-
legislative bodies under the powers granted by the parliament. It could be in the form
of ministerial orders, local government bye-laws or regulations made by other
government agencies other than legislature. Government institutions and entities that
can exercise delegated power for legislation include ministers, corporations and local
government authorities.
Types of Delegated Legislation
1. Ministerial Orders and Regulations: These are laws, rules and regulations which
emanate from ministers. In the exercise of their delegated powers to make laws,
ministers have wide discretionary powers but such must be exercised in accordance
with the relevant laws.
2. Bye-Laws: These are laws, regulations and statutory orders emanating from local
government authorities.
3. Departmental Orders: These are regulations and statutory orders made by non-
legislative government agencies other than local government authorities and ministers.
4. Orders-in-Council: This type originated in Britain and were issued by virtue of the
prerogative powers of the monarch. In modern times, they are issued by the
President/Head of state but require the prior authorisation by the legislature.
Advantages / Reasons for delegated Legislation

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(a) Heavy workload of parliament: The requirement of modern government places a
considerable volume of work on parliament. As a result of this and due to time
constraint, it suffices for the legislature to deal with broad principles of laws and leave
details to appropriate agencies.
(b) Need for speedy legislative process: Law making is usually more cumbersome and
time consuming when made by legislature. To facilitate quick legislative process,
there may be need to delegate law making power to non-legislative bodies.
(c) Technicalities: Legislation in certain areas may require specialized technical
knowledge that is not possessed by legislature. Hence the need for delegated
legislation.
(d) Flexibility and effectiveness: Laws made by legislature are more rigid and require
more time and elaborate procedure for amendment. Besides, the existence of a
problem may call for amendment during legislative recess. Delay and lack of
performance may ensue. To prevent this, delegated legislation becomes relevant.
(e) Emergency situations: During an emergency period, there may be the need to take
quick and sometimes preventive measures which may be impossible if parliamentary
laws are needed to deal with such situations.
(f) Ambiguity of legislative enactments; Legislative Acts are usually more ambiguous
than delegated legislation because legislature has less time for, and is less equipped
for detailed analysis.
(g) Suitability for experimentation: Delegated legislation is more suitable for
experimentation because of its flexible nature

Disadvantages
(a) It negates the principle of separation of powers: The principle of separation of
powers assigns law- making responsibility to the legislature. However, by delegated
legislation, the legislature abdicates part of this responsibility to the executive bodies.
(b) It tends to erode the legislative function of parliament: As parliament delegates
legislative power to other bodies, its legislative function declines.
(c) It violates the principle of the rule of law: A cardinal principle of the rule of law is
the supremacy of ordinary regular law and the absence of arbitrary use of power.

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Delegated legislation is outside the purview of regular law and encourages arbitrary
use of power by allowing wide discretionary powers to government functionaries.
(d) It may infringe on individual liberty: Delegated legislation may bring about a
situation in which the liberty of citizens is endangered. This is particularly so when
there is no proper check.
(e) Lack of effective parliamentary scrutiny: Statutory regulations are usually not
properly controlled by the parliament because of lack of time and heavy workload,
among other factors.
(f) Poor consultations: Regulations emanating from delegated legislation may be made
without proper or adequate consultations with appropriate individuals or groups. This
may bring up some problems.
(g) Delegated legislation may lack adequate publicity: Statutory regulations may not
be adequately publicized by the appropriate agency. This could create problems for
those who are the target of such regulations.
(h) Lack of political responsibility and accountability: it is easier for the people to
hold legislator accountable for their actions as opposed to recipients of delegated
power.

LESSON SIX

SOCIALISM

As a political ideology, socialism developed in Europe about a century ago. It is a

system of societal organization in which the government controls the commanding
heights of a national economy, ostensibly on behalf of a people. Examples of socialist
centuries are Tanzania and Libya.

Features

(a) Government controls the commanding heights of the economy

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 (b) In reality, socialism does not completely disallow private ownership of
property. What it does is to ensure that the leading units or sectors of
production are held in trust for the people by the state.
(c) Socialism also an ideology based on egalitarianism, i.e giving equal
opportunities to all members of a society. It frowns at and discourages wide
income gaps between the rich and the poor.
(d) Indeed, a primary goal of the socialist ideology is to either eliminate poverty
completely or at worst, reduce it considerably.
(e) In a socialist political system, official opposition is usually discouraged.

Advantage

In a significant way, socialism constitutes an improvement over communalism

because it is capable of being applied on large, sophisticated and heterogeneous
societies.

Disadvantage

(a) It may require a level of force for effective implementation. The reason for this
is that, a country just moving to socialism may have to compel people to give
up their ‘excess’ properties and by implication privileges.
(b) By so doing, socialism can, if not carefully managed. Degenerate into
inefficiency, as people tend to work less in such productive units (e.g. factories,
offices etc) that are owned by government, supposedly on behalf of the people.

LESSON SEVEN

TOTALITARIANISM

This is a highly authoritarian system in which governance degenerates invariably into

the coercive rule of a single individual assisted by a small band of fiercely loyal and
violent supporters.

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Totalitarianism is usually based on the wrong assumption that the totalitarian ruler
possesses a monopoly of wisdom. He therefore demands absolute obedience and
loyalty from all his citizens. Disobedience or any trace of disloyalty is swiftly met
with severe punishment, which usually includes torture, detention or prison sentence,
and even death. Military rule everywhere is an example of totalitarianism.

Features

(a) The state attempts to control every aspect of the individual’s life
(b) It is usually undertaken in a one-party system of government
(c) It does not tolerate opposition, be it official or unofficial.
(d) It is always predicated upon an official ideology which citizens are expected to
embrace

LESSON EIGHT

MILITARY RULE IN NIGERIA

The first military coup in Nigeria took place on 15th January, 1966. The leader
of the coup was late Major Kaduna Nzeogwu. The 1966 coup claimed the lives of
some civilian politicians some of whom include:- Sir Abubakar Tafawa Balewa the
Prime Minister, S.L. Akintola the Premier of Western region and Festus Okotie- Ebo
the Minister of Finance. The coup was a partial success, becau se the objectives
behind the plot could not fully be realized after the coup.
After the coup, Major-General Aguiyi Ironsi became the first military Head of
State of Nigeria following the handover of the last civilian government to him by the
then president of the senate Dr. Nwafor Orizu.
The second military coup in Nigeria took place on 29th July 1966. It resulted in
the death of Major-General Aguiyi Ironsi and some top military officers including the
Governor of Western region, Adekunle Fajuyi. After the coup, General Yakubu
Gowon (rtd) became the Head of State and Commander-in-Chief of the Armed
Forces. The second military coup led to protracted poli- tical unrest in the country, the
height of which was a 30 month civil war.

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 The third military coup was on 29th July 1975 led by Brigadier Murtala
Mohammed which over threw the government of General Gowon. Late General
Murtala Mohammed became the Head of State after the coup and ruled for only 6
months before his govern- ment was changed in a bloody coup which claimed his life.
The fourth military coup in Nigeria although abortive, took place on 13th
February, 1976. The coup was led by Lt. Colonel Bukar Sukar Dimka and it claimed
the life of the Head of State, General Murtala Mohammed. Lt. Colonel Dimka was
later executed and General Olusegun Obasanjo became the Head of State and
Commander-in-Chief of the Armed Forces. General Obasanjo (rtd.) continued to rule
from 1976-1979 when he formally handed over the government to the incoming
civilian regime led by Alhaj Shehu Shagari.
The fifth military coup came on December 31, 1983. In this coup, the
government of President Shehu Shagari was overthrown by General Mohammed
Buhari and his deputy Tunde Idiagbon ruled from 1983-1985. They were overthrown
in another military coup.
The sixth military coup took place on 27th August, 1985. This coup overthrew
the Buhari and Idiagbon regime and brough General Ibrahim Babangida to power.
There was an abortive coup in December 1985 to overthrow the government of
General Babangida. The government of General Babangida is still in power but they
are planning to handover to the civilians in 1992.
REASONS FOR THE 1966 MILITARY INTERVENTION IN NIGERIA
(I) Ineffectiveness of the civilian government to maintain law and order e.g. 1965
Western Nigeria election crisis
(II) Bribery and corruption of government officials and politicians
(III) Nepotism and Tribalism which perverted justice
(IV) Insensitivity to public opinion on the part of government
(V) Suppression of legal opposition e.g. Action Group (AG)
(VI) Undermining the constitution
(VII)Census crisis e.g. 1962/63 census. Other reasons for military intervention
have been discussed earlier

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 LESSON NINE
CONFEDERAL GOVERNMENT
This is a type of government with weak centre or loose
federation. In this type government the component states have
greater power than the central authority. Confederation is an
extreme type of federalism. The central authority has a few services
to perform e.g. Telecommunications, currency, foreign affairs and
defence. This was the type of government Ojukwu proposed for
Nigeria to Gowon at the Aburi peace accord or conference during the
Nigerian-Biafra civil war.
Characteristics of Confederal Government
A confederal government has the following features:

(i) The states possess greater power than the central authority (i.e.
the central authority is weak).
(ii) There is right of secession.
(iii) The central authority has a few services to perform e.g.
Telecommunication, currency, foreign affairs etc.
(iv) There is poor national consciousness and disunity.
(v) There is rivalry and conflicts among the component states.

Advantages of Confederal Government

The merits of a confederal system of government are:

(i) It is good for a country with intractable problems of ethnicity.

(ii)It offers the people of the component states the opportunity to
develop at their own rate.

Disadvantages of Confederal Government

A confederal government is unpopular because of the following

demerits:

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 (i) The central authority is weak because the confederal states
are stronger than the central authority
(ii)It does not encourage political unity therefore disintegration is
easy.
(iii) It encourages secession
(iv) It does not allow for even development.
(v)The individual allegiance is directly to the component states
and indirectly to the confederal authority.

A good example of a state operating a confederal system is

Switzerland.

COMPILED BY ADEGBOYE G.O.

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