Citizens as Custodians of Democracy: Upholding the Rule of Law and Democratic Values in Nigeria.

INTRODUCTION

Can democracy survive in a democratic state where citizens are mere observers rather than active participants in government? Most times, government is often blamed for democratic failures, meanwhile the success or failure of a democratic state solely lies in the participation of citizens in upholding the rule of law and their participation in government. Since the return of civilian rule in 1999 under the administration of President Olusegun Obasanjo, democracy has continued to prevail through periodic elections, rule of law, and political participation. Yet, the consolidation of democracy remains fragile because citizens have continued to remain indifferent towards sustaining democratic rights and values, while the nation continues to grapple with challenges such as insecurity, electoral malpractice, and corruption. This raises the fundamental  questions: Can democracy truly survive in Nigeria if its citizens fail to uphold the rule of law and democratic values?

This article argues that as commendable as the democratic system of government is, it functions optimally when citizens are active participants in governance. While every citizen cannot be elected in offices, citizens are the ones who put people in office, but that is not where it ends. It continues through active civic engagement, monitoring elected officials, demanding accountability, and participating in the democratic process to ensure that campaign promises translate into meaningful governance. The Constitution of the Federal Republic of Nigeria acknowledges that sovereignty belongs to the people, and as such, every citizen is a key stakeholder in the nation’s democratic journey.[1]

Therefore, this article seeks to examines the concepts of democracy, the rule of law, and democratic values within Nigeria’s constitutional framework. However, this article does not seek to analyze Nigeria’s electoral laws, political parties, or institutional malfunction of government, except where necessary for understanding the role of citizens in sustaining democracy.

DEMOCRACY

The Black’s Law Dictionary, Sixth Edition defines Democracy as:

“That form of government in which the sovereign power resides in and is exercised by the whole body of free citizens directly or indirectly through a system of representation, as distinguished from a monarchy, aristocracy, or oligarchy.[2]

The word “democracy” is derived from a combination of two Greek words “demos” meaning people, and “Kratia” meaning “rule or “government”. Democracy is a government of the people, who participate in government either directly, or through representatives. President Abraham Lincoln of the United States of America rightly defined democracy as “a government of the people, by the people, for the people”.[3] Therefore, democracy is a government that allows the people to choose their leaders by way of election or to reject such leaders and their programmes, when they are no longer serving the interests of the people. Some of the characteristics of democracy include the following: popular sovereignty, respect for rule of law, holding of regular and periodic free and fair elections, separation of powers, citizens participation, accountability and transparency, and the equal right of all eligible persons to vote and be voted for.[4] However, in contemporary constitutional democracies, democracy extends beyond periodic elections; it embodies a system of governance founded on popular sovereignty, the rule of law, public accountability, monitoring government, respect for human rights, and active citizen participation. In Nigeria, this principle is constitutionally recognized which provides that sovereignity belongs to the people from whom the government derives its power and authority.

RULE OF LAW

The rule of law serves as the foundation upon which a democratic government is built, ensuring laws are reasonably justifiable in a democratic state with the exclusion of arbitrary exercise of power by the government. According to A.V. Dicey, the rule of law is founded on three cardinal principles: the absolute supremacy of regular law over arbitrary power; equality of all persons before the law; and the predominance of legal spirit, whereby constitutional principles are enforced through the ordinary courts.[5] In NNPC v Fawehinmi, the court held that the law binds the government, agencies of the government, and the citizens of the Republic. It reaffirmed the principle that the law is no sifter of persons, emphasizing that no individual or public authority enjoys any privilege above the law.[6] The rule of law is indispensable in a democratic state because it prevents abuse of governmental power, protects fundamental rights and freedoms, guarantees equality before the law, promotes accountability and transparency, ensures justice through an independent judiciary, and builds public confidence in democratic institutions.

Democracy and the rule of law are correlated. While democracy ensures that government authority is derived from the consent of the people, the rule of law ensures that such authority or power is exercised within its limits. The rule of law presupposes that all persons are equal and subject to the law of the land, and that government institutions should not exercise power according to their whims and caprices. The supreme court in Governor of Lagos State v Ojukwu, the court condemned executive lawlessness and emphasized that the equality of all persons, including the government, is subject to the law.[7] Therefore, without rule of law, democracy becomes susceptible to arbitrariness, abuse of power and corruption. However, citizens have a major role as custodians to defend the rule of law by obeying lawful authority, challenging unconstitutional actions through lawful means, and actively participating in government.

DEMOCRATIC VALUES

Democracy is not merely a system of government characterized by periodic elections or the existence of elected representatives. It is dependent on a set of fundamental values that regulate the relationship between the government and governed. These fundamental values are referred to as democratic values, which guide the operation of the exercise of government. They ensure that the government operates under the rule of law, constitutionalism, and respect for the rights of citizens. These values are indispensable to democratic consolidation and require the active commitment of both the government and the citizens. Consequently, democratic values are not merely political aspirations; they are constitutional imperatives that guide both governmental conduct and civic responsibility.

Therefore, a democratic state where citizens fail to uphold democratic values tends to lose its legitmacy and risks descending into arbitrariness and corruption. Some democratic values include:

Accountability and Transparency

Beyond voting, the legitimacy of a democratic state lies on two interlocking principles: accountability and transparency. These are not merely moral ideologies. They are principles designed to limit governmental power and ensure that sovereignty belongs to the people. Fulfilling one’s civic responsibility as citizens does not end with casting votes; as a matter of fact, democracy is not government over the people, but government of the people. Therefore, the relationship between government and the governed under a democratic state is not unilateral. While the state is accountable to the people, the people themselves bear correlative responsibilities to sustain the democratic order.

Accountability and transparency is bidirectional. It is the obligation of government officials to remain answerable to citizens, open and accept responsibility for their decisions and actions. Section 14(2)(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) provides that:

“Sovereignty belongs to the people of Nigeria from whom government through this Constitution derived all its powers and authority.”[8]

In Attorney-General of Kaduna State v Attorney-General of Federation, the court emphasized that sovereignty belongs to the people and that participation in government must be guaranteed in accordance with the Constitution.[9] Correspondingly, section 24(a) imposes civic duties on every citizen to abide by the Constitution, respect its ideals and institutions, and obey lawful authority.[10] This implies that the state is accountable to the people, while the citizens owe duties to the state.

Citizens Participation

Democracy without citizen deliberation and participation is ultimately an empty and meaningless concept. Democracy is not restricted to periodic elections alone, it lies in the continuous involvement of citizens. Section 14(1)(a) of the Constitution of the Federal Republic of Nigeria provides that:

“the participation by the people in their government shall be ensured..”[11]

Citizens participation is one of the characteristics of democracy and democratic values. It goes beyond elections to the active involvement of citizens in the process of governance by engaging in law-making, public deliberation. Citizens also participate in the legislative process through public hearings and memoranda. This enables citizens to hold government accountable for their decisions. The failure on the part of citizens creates a vacuum that is filled with corruption, impunity and arbitrariness on the side of government. Thus, for democracy to be sustainable, citizens must guard these values tenaciously, for it is through this that government can remain truly of, by and for the people.

Citizens as Custodians of Democracy

As custodians of democracy, citizens bear the collective responsibility of preserving democratic institutions, and ensuring that government remains accountable to the people. They become custodians of democracy through their commitment to upholding the rule of law. Democracy cannot thrive where laws are disregarded or where citizens resort to self-help instead of resolving disputes through lawful means. This principle was affirmed by the Court of Appeal in Nwadiajuebowe v Nwawo, where the court held that the rule of law and the rule of force are mutually exclusive. Once parties submit a dispute before a court they must not resort to self help.[12] A citizen who obeys the law, respects judicial decisions, and challenges governmental excesses through constitutional mechanisms contributes to the preservation of a democratic state.

The rule of law demands more than legal compliance; it requires citizens to actively engage in democratic processes, especially elections. When citizens become passive observers rather than active custodians of democratic governance, they weaken democracy’s very foundations. Left unchecked, this civic disengagement erodes democracy’s legitimacy and opens the door to electoral manipulation, abuse of power, and unaccountable governance.

As citizens, we have a constitutional and civic duty to participate actively in elections because democracy derives its legitmacy from the will and participation of the people. However, many eligible voters do not participate in elections due to political disillusionment, distrust in the electoral process, with the belief that their votes will not influence electoral outcomes. Such voter apathy weakens democratic participation and undermines the representative nature of government. Where a significant proportion of eligible voters abstain from elections, those elected may assume office without reflecting the will of the majority. Also, perpetrators are encouraged to falsify or manipulate the electoral process when citizens become apathetic to the electoral process and government. In other words, low voter turnout also creates a favourable environment for electoral manipulation, and citizens who fail to participate in elections are less likely to detect electoral irregularities.

If citizens continue to neglect their civic responsibilities, democracy will not only lose its legitmacy but also become increasingly vulnerable to electoral manipulation, abuse of power, and unaccountable governance.

CONCLUSION

Citizens become true custodians of democracy when they uphold the rule of law, demand accountability and transparency, participate actively in governance and promote democratic values. While governments may enact laws and institutions may administer them, sustainability of democracy ultimately lies on citizens who understand that democracy is a continuous civic responsibility. As custodians of democracy, citizens must reject voter apathy, corruption, political violence, and all forms of conduct that undermine democracy. In other words, they must participate in elections, demand accountability from public office holders, respect the rule of law, obey lawful authority, and challenge unconstitutional actions of the government through lawful means. Equally the government must remain transparent to its citizens from whom it derives authority.

To strengthen Nigeria’s democracy, citizens should be educated on political participation, electoral institutions must be strengthened to conduct credible polls, and the rule of law must be respected by all arms of government.

REFERENCE(S):

Cases

N.N.P.C v Fawehinmi (1998) 7 NWLR (Pt 559) 598.

Governor of Lagos State v Ojukwu (1986) 1 NWLR (Pt 18) 621.

Attorney-General, Kaduna State v Attorney-General, Federation (2023) 12 NWLR (Pt 1899) 537.

Nwadiajuebowe v Nwawo (2004) 6 NWLR (Pt 869) 435.

Legislation

Constitution of the Federal Republic of Nigeria 1999 (as amended).

Secondary sources

A V Dicey, Introduction to the Study of the Law of the Constitution (10th edn, Macmillan 1959).

Black’s Law Dictionary (6th edn).

Malemi E, The Nigerian Constitutional Law (3rd edn, Princeton Publishing Company 2012).

[1] Constitution of the Federal Republic of Nigeria 1999 (as amended), s 14(2)(a).

[2] Black’s Law Dictionary (6th edn, West Publishing Co 1990) 432.

[3] Ese Malemi, The Nigerian Constitutional Law (3rd edn, Princeton Publishing Company 2012) 38.

[4] Ibid 38.

[5] AV Dicey, Introduction to the Study of the Law of the Constitution (10th edn, Macmillan 1959) 188.

[6] N.N.P.C v Fawehinmi (1998) 7 NWLR (Pt 559) 598.

[7] Governor of Lagos State v Ojukwu (1986) 1 NWLR (Pt 18) 621.

[8] Constitution of the Federal Republic of Nigeria 1999 (as amended), s14(2)(a).

[9] Attorney-General, Kaduna State v Attorney-General, Federation (2023) 12 NWLR (Pt 1899) 537.

[10] Ibid, s 24(a).

[11] Constitution of the Federal Republic of Nigeria 1999 (as amended), s14(2)(c).

[12] Nwadiajuebowe v Nwawo (2004) 6 NWLR (Pt 869) 435.