CONSTITUTIONAL LAW — Rule of Law — Executive Cannot Resort to Self-Help in Constitutional Disputes
Principle Statement
In a society where the rule of law prevails, self-help is not available to the Executive or any arm of government. Such conduct could breed anarchy and totalitarianism, which are antitheses to democracy.
Ratio Decidendi (Source)
Per Tobi, JSC, in A.G., Lagos State v. A.G., Federation (2004) NLC-702004(SC) at p. 78; Paras C–D.
"In a society where the rule of law prevails, self-help is not available to the Executive or any arm of government. In view of the fact that such a conduct could breed anarchy and totalitarianism, and since anarchy and totalitarianism are antitheses to democracy, courts operating the rule of law, the life-blood of democracy, are under a constitutional duty to stand against such action."
Explanation / Scope
The executive cannot resort to self-help in constitutional disputes. The principle applies to constitutional law. The proper recourse is to the courts. The rule prevents anarchy and preserves democracy. The court will strike down self-help measures. The principle is fundamental.
