The missing link in Nigeria’s rule-of-law journey – Dr. Muiz Banire
Further to my intervention in this column last week on the Anthony Joshua’s fatal crash (Anthony Joshua and the anatomy of Nigeria’s road safety failure), I have chosen to interrogate the question of enforcement of our laws as an offshoot of the lacuna in the enthronement of sanity in our society. The strength of any society is ultimately tested not by the number of laws it enacts, but by the seriousness with which those laws are enforced. Laws are meant to regulate conduct, protect rights, promote order, and advance collective well-being.
Where enforcement is weak, inconsistent, or compromised, the law loses its authority and degenerates into mere text, impressive in appearance but ineffective in practice. This reality captures, with painful accuracy, the Nigerian experience. Despite an abundance of constitutional provisions, statutes, regulations, and subsidiary legislation, Nigeria continues to struggle with a profound enforcement deficit that undermines governance, development, and public trust. Law enforcement represents the practical expression of the rule of law. It is the mechanism through which society signals that rules matter and that breaches attract consequences. In Nigeria, however, enforcement has too often been selective, transactional, and politicised.
Compliance with the law is frequently perceived not as a civic obligation but as a matter of convenience, negotiation, or vulnerability. Those with power, privilege, or proximity to authority often evade consequences, while the weak and powerless bear the brunt of enforcement. This imbalance has entrenched a culture of impunity that threatens the very foundations of the Nigerian state. An excellent example is the way and manner the so-called privileged Nigerians drive vehicles all around with no plate numbers or with covered plate numbers. As we all know, plate numbers are means of identification of vehicles and ownership for several purposes, ranging from traffic regulation to security. Under no circumstances must a vehicle be on the road without a proper registration number affixed, even for very important personalities.
That explains why the vehicle of a Governor, such as the Lagos State Governor, bears LASG 01. A proper understanding of Nigeria’s enforcement challenge requires an appreciation of its historical evolution. Colonial administration deployed law primarily as an instrument of domination rather than justice. Enforcement was harsh, arbitrary, and designed to secure obedience rather than legitimacy. Indigenous norms were displaced, and the law was seen as alien, coercive, and indifferent to local realities. At independence, Nigeria inherited not only the legal framework but also the enforcement culture that accompanied it. That gain situates the addition of the word “Force” to the description of the identity of the Nigerian Police. Unfortunately, post-colonial leadership failed to sufficiently transform this legacy into a people-centred system grounded in fairness, accountability, and consent. As a result, enforcement retained its coercive character while losing moral credibility. Over the decades, military rule further distorted enforcement norms. Decrees were enforced with brute force, dissent was criminalised, and obedience was compelled rather than earned.
The prolonged experience of authoritarian enforcement weakened respect for legality and normalised arbitrariness. Although Nigeria has since returned to constitutional democracy, the habits and instincts of that era persist. Enforcement is still too often associated with oppression, harassment, or extortion, rather than protection of the common good. At the institutional level, Nigeria’s enforcement agencies operate under severe constraints.
Chronic underfunding, inadequate training, obsolete equipment, and poor welfare conditions have combined to weaken capacity and morale. Officers tasked with enforcing the law are frequently placed in situations that test their integrity beyond reasonable limits. In such circumstances, the temptation to compromise enforcement for personal survival becomes strong, to the extent that it is now virtually a pattern in the country.
This reality does not excuse misconduct, but it helps explain why enforcement outcomes often fall short of legal ideals. Political interference remains one of the most corrosive influences on enforcement in Nigeria. Where enforcement decisions are subject to directives from powerful interests, the neutrality of the law is compromised. The perception that enforcement agencies can be deployed against opponents while shielding allies erodes public confidence and fuels cynicism. Once citizens conclude that the law is a weapon rather than a shield, voluntary compliance collapses, and enforcement becomes an endless contest of force and evasion. Corruption further complicates the enforcement landscape. In many sectors, the cost of violating the law is lower than the cost of compliance. Informal payments substitute for formal sanctions, turning enforcement into a revenue-generating enterprise rather than a deterrent mechanism.
Traffic rules, environmental regulations, building approvals, and business compliance requirements are routinely undermined in this manner. The result is systemic dysfunction: unsafe roads, environmental degradation, building collapses, unfair competition, and loss of public revenue. What this has translated to is that the probability of being sanctioned for a crime in the country is extremely lower than that of being made culpable and accountable. Here, therefore, lies the attraction for the commission of crime in the country. The failure of enforcement has grave implications for economic development.
Investors, local and foreign alike, thrive in environments where rules are clear and consistently applied. Where enforcement is unpredictable or selective, risk increases and investment declines. Contracts lose meaning when enforcement is uncertain. Property rights become insecure when regulations are inconsistently applied. The informal economy expands, not necessarily out of criminal intent, but as a rational response to a system perceived as arbitrary and exploitative. The truth is that the multiplier effect of this is that the country is turned into a jungle, and no genuine investor is ever willing to invest in a jungle. Social consequences are equally severe. Weak enforcement breeds disorder and insecurity.
When laws against violence, nuisance, environmental harm, or public disorder are not enforced, citizens resort to self-help. Vigilantism, mob justice, and communal conflict flourish where the state fails to assert lawful authority. This explains the constant resort to self-help in the country.
Over time, the social fabric frays, and mutual suspicion replaces collective trust. A particularly troubling aspect of Nigeria’s enforcement crisis is the persistent disregard for judicial decisions. Court orders are the final expression of the law, and their enforcement is essential to maintaining constitutional balance. Where judgments are ignored, especially by state actors, the authority of the judiciary is diminished, and the principle of separation of powers is weakened.
A society in which court orders can be treated casually is one sliding toward lawlessness, regardless of how eloquent its constitution may be. It is to this extent that the State fails to obey court orders that individual citizens emulate the same conduct. Hence, it is difficult apportioning blame to the citizens, as the State itself leads by such example. Effective enforcement must, however, go beyond coercion. It must be anchored in legitimacy, fairness, and proportionality. Laws enforced without regard to justice provoke resistance and non-compliance. In Nigeria, many citizens question why they should obey laws when the State itself appears indifferent to legality, whether in failing to obey court orders, breaching procurement rules, or ignoring constitutional safeguards. Enforcement cannot succeed in isolation from good governance; it must be part of a broader culture of legality.
Reforming enforcement in Nigeria therefore demands a comprehensive and sustained effort. Institutional strengthening is essential. Enforcement agencies must be adequately funded, professionally trained, and equipped to perform their duties effectively. Improved welfare and clear career progression can reduce vulnerability to corruption and enhance professionalism. Independence from improper influence must be guaranteed, not merely proclaimed. Accountability mechanisms are equally critical.
Abuse of enforcement powers must attract real consequences. Internal disciplinary systems, external oversight bodies, and judicial review must function effectively and transparently. Technology offers powerful tools in this regard. Digital enforcement systems, automated compliance monitoring, and transparent data collection can reduce discretion, enhance efficiency, and restore public confidence. Public enlightenment is another indispensable pillar. Citizens must understand that laws are not arbitrary impositions but collective agreements designed to protect society. Laws and their enforcement are products of the social pact. Education, civic engagement, and consistent messaging can help rebuild respect for legality. When people see laws enforced fairly and consistently, compliance gradually becomes habitual rather than coerced.
Above all, leadership by example remains the decisive factor. Enforcement cannot thrive in an atmosphere of elite impunity. When leaders obey the law, respect court decisions, and submit themselves to legal processes, they send a powerful signal that no one is above the law. I recall during my time as Commissioner for Transportation in Lagos State that when the vehicle of the mother of the Governor of the State then, Asiwaju Bola Tinubu, now the President of Nigeria, was driven by the driver in a direction against the flow of traffic and the vehicle was contravened, the Governor, without hesitation, paid the appropriate fine into the Government treasury to secure the release of the vehicle.
That is leadership. Again, I recall an instance in which the vehicle of my colleague, a Commissioner in the cabinet at the time, was contravened by officials of my Ministry for driving against the flow of traffic. The vehicle was confiscated and appropriate fines paid, even in a situation where my colleague, out of exhaustion, was asleep in the car and the driver committed the offence. I can continue to replicate such instances endlessly during my tenure. This is how it must always be. All animals must remain equal before the law at all times to enhance the efficacy of the rule of law.
Conversely, when leaders act with impunity, enforcement efforts at lower levels become futile and hypocritical. In conclusion, Nigeria’s challenge is not the absence of laws but the absence of credible, consistent, and impartial enforcement. This enforcement deficit lies at the root of many of the nation’s economic, social, and political problems. Addressing it requires more than technical reforms; it requires a moral recommitment to the rule of law as the foundation of national life.
Enforcement without fear or favour is not merely a legal ideal; it is a prerequisite for justice, stability, and sustainable development. Until Nigeria closes the gap between law and practice, the promise of its legal order will remain unfulfilled, and the quest for national progress will continue to falter. This article is dedicated to the memory of those who lost their lives in the Anthony Joshua accident, in order to reinforce the crucial need for the enforcement of laws at all times, particularly traffic laws.
