Legal Issues in Nigerian Democracy: Perspectives from Thomas Aquinas' Natural Law Theory

Abstract

Considering the flagrant abuse and negligence of the laws of the Nigerian state, it has become pertinent to interrogate the correlation between natural law theory, civil law and the dividends of good governance and democracy. Thus, this paper explores Thomas Aquinas' natural law theory as a model for an effective civil law. His theory posits that humans possess an innate understanding of moral principles that are based on natural law, which is universal and accessible to all people. These principles are derived from reason and can be applied to a wide range of situations. Nature is guided by rational principles and by man's rationality, he is able to participate and derive his guiding principles from nature. But what then is law? What is natural law? In what ways does it differ or is similar to civil law? Of what significance is Thomas Aquinas' natural law theory to good governance and Nigeria's democracy? The philosophical method of analysis is used in this paper for a proper breakdown of Thomas Aquinas' Natural Law Theory. The application of Thomas Aquinas' Natural Law Theory to Nigeria's legal framework would ensure that laws made are in tandem with the dictates of informed reason. By extension, adherence to such laws would promote good governance and produce the needed dividends of democracy in Nigeria. The paper also sheds light on the practical challenges that must be overcome to achieve this goal.