IMMUNITY CLAUSE IN THE NIGERIAN CONSTITUTION: A CALL FOR A PARADIGM SHIFT

Abstract

This paper interrogates the Constitution of the Federal Republic of Nigeria 1999 (as amended) section 308, which notwithstanding their obvious corrupt activities, grants immunity from civil and criminal prosecutions to the incumbent President, Vice President, Governors and Deputy Governors. The paper employs doctrinal search method and contends that absolute immunity in section 308 of the constitution has become a legal engine of financial crimes. It recommends qualified immunity or its total abrogation from the Constitution as a primary route to tackling all forms of corruption, treason, murder and other heinous crimes in Nigeria. The paper concludes that a legal provision that protects a public officer from prosecution while in office for being corrupt or involved in capital offences is anti-people and would produce a retrogressive society.