IMMUNITY CLAUSE UNDER THE NIGERIAN 1999 CONSTITUTION

Project Abstract

The immunity clause under the Nigerian 1999 Constitution has been a subject of significant debate and controversy since the restoration of democratic rule in the country. This provision grants immunity from civil and criminal prosecution to the President, Vice President, Governors, and Deputy Governors during their tenure in office. The rationale behind this clause is to ensure that these officeholders can carry out their duties without undue interference or distraction from legal proceedings. However, critics argue that the immunity clause has been abused, allowing corrupt officials to escape accountability for their actions. This research project aims to provide a comprehensive analysis of the immunity clause under the Nigerian Constitution, examining its historical context, legal implications, and impact on governance and accountability. The study will review relevant case law, constitutional provisions, and scholarly literature to explore the various interpretations and applications of the immunity clause. Additionally, the project will assess the effectiveness of the immunity provision in achieving its intended purpose of protecting public officeholders while upholding the rule of law. Furthermore, the research will investigate the challenges and limitations associated with the immunity clause, particularly regarding its potential to shield corrupt officials from prosecution. By examining specific cases where the immunity clause has been invoked, the study will evaluate the implications for accountability, transparency, and good governance in Nigeria. Additionally, the project will consider potential reforms or amendments to the immunity clause that could address concerns about abuse and impunity among public officials. Overall, this research project seeks to contribute to the ongoing discourse on the immunity clause in the Nigerian Constitution and its impact on democracy, the rule of law, and anti-corruption efforts in the country. By providing a thorough analysis of the legal and practical aspects of the immunity provision, this study aims to inform policy discussions and legal reforms that promote accountability and transparency in public office.

Project Overview

GENERAL INTRODUCTION  1.0.0: INTRODUCTION 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 party during the 2011 elections on March 1st 2011,he said:

We will amend the Constitution to remove immunity from prosecution for elected officers in criminal cases.

Preliminary, the first question that comes to our mind is what is immunity in this context? According to Bola Ajibola (SAN),the answer to this question is simple; ‘it is nothing but another word for exemption’. It is this immunity that is enshrined in the Nigerian Constitution. Hence, we have 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. 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 Constitution. 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 Dicey 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. 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.