Immunity clause under the nigerian 1999 constitution

Project Abstract

The immunity clause under the Nigerian 1999 Constitution has been a subject of much debate and controversy. This clause provides immunity to the President, Vice President, Governors, and Deputy Governors from civil and criminal prosecution during their time in office. The rationale behind this provision is to ensure that these officials can carry out their duties without fear of harassment or distraction from legal proceedings. However, critics argue that the immunity clause has often been abused, allowing corrupt officials to escape accountability for their actions. This research project aims to critically analyze the immunity clause in the Nigerian Constitution, examining its historical context, legal implications, and practical consequences. By studying relevant case law, legislative debates, and scholarly articles, this research seeks to provide a comprehensive overview of the immunity clause and its impact on governance and accountability in Nigeria. One key focus of this research is to assess the balance between the need to protect public officials from frivolous litigation and the imperative of holding them accountable for misconduct. Through a comparative analysis with other countries that have similar immunity provisions, this research aims to identify best practices and potential reforms that could enhance the effectiveness and transparency of the immunity clause in Nigeria. Furthermore, this research project explores the intersection of the immunity clause with other constitutional principles, such as the rule of law, separation of powers, and fundamental rights. By examining how the immunity clause has been interpreted and applied by the judiciary, this research seeks to shed light on the evolving legal standards and norms surrounding immunity in Nigeria. In conclusion, this research project contributes to the ongoing discourse on constitutionalism and governance in Nigeria by offering a nuanced analysis of the immunity clause under the 1999 Constitution. By providing insights into the strengths and weaknesses of the current legal framework, this research aims to inform policy debates and legal reforms that can strengthen accountability and transparency in Nigeria's democratic system.

Project Overview

<p> </p><div><p><strong>1.0.0: INTRODUCTION</strong></p><p>Immunity clause under the Nigerian Constitution being a curse or a blessing is not only a current topic but equally controversial and intriguing. After several years of military rule, Nigeria has returned to a democratic rule since 29 May, 1999. However, the experience so far since Nigeria has returned to democratic rule shows that all has not been well with our democratic experience, especially as it affects the immunity of chief executives from judicial proceedings. Of interest to this writer was the statement made by General Muhammed Buhari (Rtd.) former Nigeria military Head of State and the Presidential candidate of a political party1 during the 2011 elections on March 1st 2011,he said:</p><blockquote><p>We will amend the Constitution to remove immunity from prosecution for elected officers in criminal cases2.</p></blockquote><p>Preliminary, the first question that comes to our mind is what is immunity in this context? According to Bola Ajibola (SAN)3,the answer to this question is simple; ‘it is nothing but another word for exemption’. It is this immunity that is enshrined in the NigerianConstitution. Hence, wehave the immunity clause under section 308 of the 1999 Nigerian Constitution.The section has provided for the immunity of President,Vice President,Governors and their deputies. Thus, since the Constitution was passed into law, it becomes our Fons et Origo and so with the immunity clause in it.<br>It is believed that the Constitution must at all time cardinally be our shield and sword, it must at all time protect all the citizen of this nationwide;female,male,young or old,fair play,human rights,as well as sustaining the rule of law. When in our national anthem we say ‘the nation bound in freedom peace and unity’,the only juristic guarantee for that is our Constitution4. Akin to this is the concept of rule of law which establishes that all men are equal before the law. This postulation became a doctrine well established by Dicey5 via; the Supremacy of the rule of law of the land and equality before the law. In summary, no man should be placed above the law, rather every man whatever his or her position in life in the country is subject to the ordinary law of the land in the country.<br>It is against this backdrop that this writer find it pertinent to check whether the immunity clause which has passed the test of supremacy having being enshrined in the Constitution, has also passed the test of equality before the law,that is,does the immunity clause not make some people ‘untouchable rabbits’? Here in this work, after examining the nomenclature of the immunity clause,we will see whether it is hindering the development of this country(a curse)or if it is advancing the course of the country (a blessing). Recommendation will now be made on the exercise of the doctrine in order to fine tune it to the demands of democratic governance in Nigeria.</p><p></p></div><h3></h3><br> <br><p></p>