and of the subsequent detention, prosecution and sentencing of Gustavo Cesti Hurtado, the State violated his right to personal liberty as guaranteed in Article 7(1), (2) and (3) of the Convention. Nigeria is under democratic governance where the Rule of Law reigns and Separation of Power practiced. The three arms of government should perform their respective duties without any hindrance or interference from the other. This Principle of Rule of Law is a safeguard against arbitrary governance and the foundation of good governance. Lord Denning in Gouriet V. Union of Post Office Workers (1977) 1 Q.B 729 @ 761-762 said: “be you so high, the Law is above you”. The Nigerian Supreme Court in Lagos State V. Ojukwu (1996) 1 NWLR (Pt 18) 621 noted that: The rule of law presupposes that the State is subject to the law, that the judiciary is a necessary agency of the rule of law, that the Government should respect the right of individual Citizens under the rule of law and that to the judiciary, is assigned both by the rule of law and by our constitution the determination of all actions and proceedings relating to matters in disputes between persons, Governments or Authority. Emphasizing Democracy the centrality of the concept of rule of law to Constitutional and Good Governance, the Supreme Court of the Defendant in Miscellaneous Offences Tribunal v. Okorafor (2001) 18 NWLR (Pt 745) 310 at 327 stated 44