CONSTITUTIONAL IMMUNITY CLAUSE IN NIGERIA: A CLOG ON THE WHEEL OF THE FIGHT AGAINST CORRUPTION

Abstract

Section 308 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) provides immunity for the following offices, President or Vice President, Governor or Deputy Governor. It means that no civil or criminal proceedings shall be instituted or continued against a person to whom this section applied during his period of office. The concept of immunity stemmed from sovereign or State Immunity. This is the ability of a state to invoke immunity from the jurisdiction of a court of another state in circumstances where the courts of that other state would have otherwise been vested with jurisdiction on the subject matter. Immunity clause is therefore entrenched into our constitution by the British, our colonial Masters. Clog on the other hand is whatever impedes movement and acts as an obstacles for success. This paper therefore contends that Immunity clause as entrenched in the 1999 constitution of Federal Republic of Nigeria is an obstacle in the effort to rid a nation of corruption. This work will compare immunity clause in the United States of America (USA), in United Kingdom (UK) with what obtains in Nigeria. The research methods to be employed will include; doctrinal, expository historical, comparative etc. This article discusses the immunity clause and its sphere, extent, and limit as it relates to the officers protected. It concludes that by stating that it is not expedient to retain immunity clause in our Constitution because of abuse and exploitation by the offices protected which has caused monumental corruption, The writer is of the view that our leaders (i.e. those protected) are not yet mature for such privilege therefore should be brought to book whenever there is an abuse. This will enable them to be careful when in office.