Abstract
Immunity clause as enshrined under section 308 of the 1999 Constitution of the Federal Republic of Nigeria has generated protracted controversies for and against its inclusion in the rubrics of Nigerian constitutional laws. This paper considers widespread corruption by Nigerian leaders, shielded by the immunity clause. It explains the need for reform to curtail the anomaly wherein absolute executive immunity is provided for leaders in Nigeria. The paper maintains that there should be equality before the law, hence, the possible prosecution and appearance of a sitting President, Vice President, Governors and Deputy Governors in some criminal and civil matters drawing from other jurisdictions.
Highlights
While the crux for immunity of the Executive President and Vice President and all state governors including their deputies in Nigeria is to protect them from distractions from their official functions, the same reason is adduced by the Australian parliament for the punishment of contempt, yet the approach by both countries are at par
This paper is a critique of the constitutional provision of executive immunity under the 1999 Constitution of the Federal Republic of Nigeria
We are inclined to believe that there is a need for reform of the provision, and we have substantiated this fact jurisprudentially extrapolating from the experiences in other jurisdictions where we showed that political representatives holding the exalted offices of president, head of state or prime minister do not enjoy absolute immunity for all wrongs committed before or during their terms of office
Summary
It has been criticised as an enablement of high-level corruption and a colossal waste of the nation's common wealth by those in whose hands it is entrusted, because it shields them from justice and promotes the culture of impunity. Since the onset of the fourth republic in 1999, no fewer than twenty-three former governors have been arrested or prosecuted for corruption (Human Rights Watch [HRW], 2011) Of this number, only six have been sentenced to various terms of imprisonment within and outside Nigeria (HRW, 2011; Ifeanyi, Ojukwu and Nnamani, 2019; The Write House [WH], 2014).
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