Easy Read: Immunity of International Organisations, Diplomats and Consular Agents from Local Suits under Nigerian Law

Abstract

Immunity of International Organisations, Diplomats And Consular Agents From Local Suits under Nigerian Law is a long established principle of International Law which basically states that a representative of a sending state cannot be dragged to court of the receiving state. The basis of which is, amongst others, to accord the officials of the sending states the same privileges enjoyed by officers of the receiving state in the sending state. International law is replete with alternative theories attempting to justify the practice of diplomatic immunity, the most popular of which are personal representation, the theory of extraterritoriality and the theory of functional necessity. The aim of this paper is to attempt a comparative examination of the extent of immunity and privileges enjoyed by Diplomats, Consular Agents and International Organisations under the applicable law with particular reference to Nigerian jurisprudence. The paper is divided into four parts. Part one introduces the paper and discusses briefly, the theories of immunity; Part two discusses the two major approaches to immunities—Absolute Approach and Restrictive Approach. Part three discusses the Vienna Convention on Diplomatic and Consular Immunites. Part four criticizes the local law—Diplomatic Immunities and Privileges Act, 1962 through applicable cases.