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Immunity Clause under the 1999 Constitution of Nigeria: A Dire Need for Reform
Author(s) -
Francis N. Ukoh Ukoh,
Rita Abhavan Ngwoke
Publication year - 2020
Publication title -
journal of politics and law
Language(s) - English
Resource type - Journals
eISSN - 1913-9055
pISSN - 1913-9047
DOI - 10.5539/jpl.v14n2p47
Subject(s) - constitution , political science , law , qualified immunity , sovereign immunity , doctrine
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.

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