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Q1

The term local government is refer to as the third tier of government, which basic close
to the ruler people, section 2.(1) of the land use Act give power to the local government to
control and manage certain portion of land comprised in the state. The section provide S 2 (1)
sub (b) other laws shall subject to this Act be under the control and management of the local
government within the area of jurisdiction of which the law is situated. In order to ascertain what
amount to all other law as used but the section 2 sub (1) b section 2 (1) (a) of the act it is
provided In that provided in that section that all land in urban area are under the control land
management of govern of the state.
Also in the same local government we have what is known as the customary right of
occupancy section 51 (1) of the Act defined it as the right of a person or community lawfully
using or occupying issued by local government.
Furthermore, traditional ruler or leader according to political theory and methodology has
put that tradition, is the central them of conservation ideology is its deference of the tradition its
desire to maintain established custom and institution.
Therefore, will the above taste or statutory provision it we be difficult or not good will
the modern local government not to involve the traditional under in the running and security,
giving of it administration.
According to the conservative tradition has also the virtue of promoting stability and
security, giving individual a sense of social and historical belonging. Will the question at hard
which other on whether in tradition ruler should not involve in the administration of the local
government system is to make sure that they should not be corrupt, and they should not will sue
in politics of the local government. This is because the traditional institution is different from
party politics, as society leader which society is seen as a partnership between those who are
living, those who are dead in those who are to be born.

Q2 the concept of the rule of law


The concept of the rule of law has no universally definition. Various definitions are ascribed to
it by jurists, academia, and races. This may be attributed to the different socio culture
backgrounds of the commentators on the one hand, and the periods of her existence on the other
hand. Dicey articulated the concept as encapsulating three meanings. First, the absolute
supremacy of regular law as opposed to the influence of regular of arbitrary power. English
men are ruled by law, and law alone.. secondly, the concept as postulate by dicey, entailed:
English of all perform before the law, or the equal subjugation of all classes to the ordinary law
of the land administered by the ordinary courts the third meaning ascribed to the rule of law by

dicey is that the general principles of English constitution- the rules which in foreign country
naturally form part of a constitutional code, and not the source consequence of the rights of
individual as defined and enforced by the court. From the above, equality before the law is one
of the facets of the concept of the rule of law. By this the rule law means that, no man is above
the law ant that every whatever his status in life is subject to the law of the realm and amendable
to the jurisdiction of the ordinary courts. Thus, everyone must be treated equally under the law
regardless of their race, sea, nationality, ethnicity, religion, disability or bias.
The general guarantee of equality is provided by most of the words natural constitutions.
Article 7 of the universal declaration of human rights (UDHR) 1948 states that all are equal
before the law and are entitled without any discrimination to equal protection of the law.
In Nigeria, the constitution incorporates many provisions that guarantee equality before
the law. Section 17 (2) (a) provides thus, every citizen shall have equality of rights, obligations
and opportunities before the law. According to section 36 (1) the determination of dispute before
it, the court shall be constituted in such manner as to secure its independence and impartiality.
The impartiality here means the court shall be blind as to the state in life of the parties before it.
Also, section 42 of the constitution prohibits discrimination on whatsoever ground. To crown it
all Nigeria professed to be democratic and to gr governed by the principles of democracy and
social justice. This is provided to under section 14 (1) of the constitution.
However, the principle of the law that all are equal before the law have more theoretical
connotation than practical application. In practice, there are instances of inequality than equality
among people as envisaged the law. They are;
Constitutional immunity clause; section 308 (1) (a) (b) (c) and (3) provides
That the president, vice-president, governor, deputy governor are exempted from both civil
and criminal proceedings or process of court shall be instituted or issued against them during
their period of office. This immunity clause is only president, governor and deputy governor
leaning the same elected.
Infant: under the infants relief at Act, 1874, the commercial age has been
Fixed at 21. This means that for all practical purposes, this is the contractual age in Nigeria.
Thus, it flow from the above that persons under the age of 18 are infants. An infant has been
defined as a person under the age of 21.
Infants: an infant has been defined as a person under the age of 21, by the
Infants act, 1948Under the Act, commercial afe has been fixed at 21. This means that for all
practical purposes, this is the commercial age in Nigeria. It therefore, means that persons under
the age of 21 are not capable of entering into a valid contract. This is also an instance of unequal
treatment among the people.

Also, the right to vote under section 12 (1) (b) of the electoral Act, 2010 is
granted only to persons who attain the age of recognizance, no bail (property) need to be paid to
the court, and no bond id posted the suspect is merely released after promifiry, in writing, to
appear in court for all upcoming proceedings. This kind of bail is only reality available to highly
placed person in the society. The less privileged are faced with stringent conditions such as
provision of a person of outstanding personality, deposit of a large amount of money, ownership
of property within the jurisdiction of the court, deposit of certificate of occupancy etc. this does
not inn anyway reflect the spirit of the principle of law that all are equal before the law.
In conclusion, though it is a fundamental principle of law that all are equal
before the law. This does not necessarily mean practical treatment of all persons in the same
manner in all respect. What this mean is that people should stand to benefit their entitlements
suffer their liabilities as they accrue nothing more nothing less.
Reference
Benue State University Journal of Communical and Property Law Vol. 1 2012
The Constitution federal republic of Nigeria 1999 as (amended)
Political theory local government and methodology 2006

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