Onome Amuge
The 2023 World Justice Project (WJP) Rule of Law Index shows continued deterioration in the rule of law in most countries. This is the sixth consecutive year that the Index has recorded declines in the rule of law as the rule of law declined in 59 per cent of the countries surveyed.
Despite the global decline in the rule of law, Nigeria stands out as one of the few countries to see its WJP Rule of Law Index score increase in the last year. The country’s score placed it 23rd out of 34 countries in the Sub-Saharan Africa region and 120th out of 139 countries globally. Notwithstanding, Nigeria still faces significant challenges, including low scores in criminal justice and civil justice, as well as a weak capacity for the effective implementation of laws.
The WJP Rule of Law Index is the world’s leading source for original, independent data on the rule of law. The annual report assesses the rule of law in 142 countries and territories around the world, relies on more than 149,000 household surveys and 3,400 legal practitioner and expert surveys to measure how the rule of law is experienced and perceived worldwide.
According to the Index, since 2016, the rule of law has declined in 78 per cent of the countries studied. The factor that has declined the most is Fundamental Rights, with scores falling in 77 per cent of countries—including Nigeria. Constraints on Government Powers, a factor that measures checks and balances, has also declined in 74 per cent of countries, with Nigeria being among the countries with the greatest decline.
The Index shows that globally, the legislatures, judiciaries, and civil society,including the media,have all lost ground in checking executive power.
These authoritarian trends have continued into 2023, but at a slower pace than in previous years. For example, fewer countries experienced declines in 2022 and 2023 than in the years prior.
In the last year, the Index shows that the number of countries experiencing declines in Constraints on Government Powers, a factor that measures checks and balances, was 56 per cent, down from 58 per cent in 2022 and 70 per cent in 2021. Similarly, declines in the overall rule of law, measured by the Index, slowed down from 61 per cent last year to 59 per cent in 2023. Declines in the protection of fundamental rights also slowed, with 56 per cent of countries experiencing declines this year compared to 66 per cent in 2022.
According to the Index, a higher percentage of countries experienced declines in their scores for Civil Justice in 2023 (66%) than in 2022 (61%). Longer delays in civil justice proceedings and weaker enforcement of court judgments were attributed as primary factors in the decline. Meanwhile, slightly more countries experienced a decline in criminal justice scores this year (56%) than last year (55%). This could be attributed to several factors, including increased delays in criminal justice proceedings, increased use of pretrial detention, and poor prison conditions
William H. Neukom, co-founder and president of the WJP, commented that the world is still experiencing a “rule of law recession,” which is characterized by excessive executive power, curtailment of human rights, and justice systems that are not meeting the needs of the people. Neukom also said that people all over the world are suffering as a result of these trends.
Nigeria ranks 23rd out of 34 countries in the sub-Saharan Africa region, according to the Index. The region’s top performer is Rwanda, followed by Namibia and Mauritius. The three countries with the lowest scores in the region are Mauritania, Cameroon, and the Democratic Republic of the Congo.
In the last year, 20 out of the 34 countries in Sub-Saharan Africa experienced declines in their rule of law, with 10 of those countries declining in the previous year as well.
According to the Index, Denmark is the country with the highest rule of law score globally, followed by Norway, Finland, Sweden, and Germany. The countries with the lowest scores are Venezuela, Cambodia, Afghanistan, Haiti, and the Democratic Republic of the Congo. This shows that countries at the top of the ranking tend to have stronger institutions, more effective justice systems, and greater respect for civil liberties. In contrast, countries at the bottom of the ranking often face challenges such as weak institutions, corruption, and human rights violations.
