A JURISPRUDENTIAL ANALYSIS OF NATIONAL SECURITY AND RULE OF LAW IN NIGERIA

Abstract
The rule of law and national security are Siamese twins that are interrelatedly linked to each other. Ensuring total submission to
the rule of law can only be achieved within a polity where public order thrives and preservation of national security are best
sustained within a society in which the rule of law is preeminent. Adherence to the rule of law principle and preservation of national
security are two indispensable elements for any democratic civilization which are too often ignored and the preservation of national security too often breached. This research examines the roles and attitudes of national institutions, especially the courts, in
deciding the balance on the operation of the rule of law and the exigencies of preserving the security of the nation. The doctrinal research methodology was adopted and qualitative analysis of both primary and secondary research materials were explored. The
inconsistent pattern in judicial decisions while resolving the conflict between the rule of law and national security were highlighted thus deepening the uncertainty of case laws on the
subject matter. In conclusion, the need for recognized judicial principles were noted to act as guiding factors for the co-existence of the rule of law and national security.

Key words: Rule of Law, National Security, Social Contract.

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