Cultural jurisprudence : an account of good governance and rule of law in Nigeria

Martins, Babajide Olumuyiwa (2016) Cultural jurisprudence : an account of good governance and rule of law in Nigeria. Doctoral thesis, Birkbeck, University of London.

Abstract

The search for good governance in Nigeria is premised on the need to ensure that the resources of the state are well managed and used for the welfare of all Nigerian citizens. This thesis draws on the paradigms of good governance and articulates their applicability to the Nigerian political and cultural context. Having set out the theoretical background of this work in cultural jurisprudence, we contextualise our notion of social justice as an important mechanism for the actualization of good governance. The notion of good governance has an international context from the perspective of the World Bank and other international bodies. We undertake a critique of the international benchmark and make a case for good governance, founded on social justice. We also examine how to realise its ideal in the dispensation of governmental powers by the elected political elites, and in fulfilment of the hopes and aspirations of the citizens. We attempt to justify the adoption of cultural jurisprudence for the analysis of good governance in the context of the cultural ideals of Nigerian communities. In this regard, we acknowledge the patriarchal nature of Nigerian society and the problems it engenders. This affords us the opportunity to articulate the importance of socio-cultural values, a sense of belonging and national allegiance to the state regardless of ethnic inclinations or kinship loyalty. This is important because of the need to provide a paradigm shift that will align with international benchmark in the criteria for evaluation of good governance that reflects the cultural and political history of Nigeria in particular and that of Africa in general. International donors and bodies measure good governance by certain indicators that overlook the particular historical and colonial history of African countries and the challenges they face in dealing with the issues of governance. We engage a critic of good governance indicators which fails to take cognizance of the social economic peculiarities of Nigeria.

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