The Question of Diplomatic Immunity and Privileges in International Law: The D.S.P Alamieyeseigh Experience

Abstract

The complex nature of the international system prompted states to adopt treaties, laws and conventions to facilitates peaceful international relations and mutual co-existence hence, this paper examined the relevance of these treaties, laws, rules and conventions especially as it relates to diplomatic immunity and who is qualified to enjoy such diplomatic immunity in contemporary international law. The study observed that elected state governors in Nigeria are entitled to diplomatic immunity as reflected in section 308 of the constitution of the federal republic of Nigeria 1999 as amended. Further findings also revealed that the arrest, detention and trial of D.S.P. Alamieyeseigha in London by the British government violated the provisions of the 1961 Vienna Convention on Diplomatic Relations, 1963 Vienna Convention on Consular Relations and the 1973 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons including diplomatic agents. Data for the study were drawn from secondary sources while analysis was done descriptively through the qualitative method. In other to strengthen international law and regulate the actions of states and leaders at the global level, state legislatures, national parliaments and agencies of government including the judiciary should be empowered to moderate and check the actions of state governors, president's and other category of political leaders. This will ensure that personal actions and acts are not misrepresented as acts of state/government at all levels.