Immunity Clause in Nigeria’s 1999 Constitution: Its Implications on Executive Capacity
[1]
Ponnle Solomon Lawson, Department of General Studies, Federal Polytechnic, Ede, Nigeria.
In Nigeria, there have been a number of arguments against the retention of the Immunity Clause in the country’s 1999 Constitution from different commentators. Most arguments along this line are of the opinion that the Immunity Clause has been abused or is capable of being greatly abused by the political office holders who enjoy it. This paper takes an opposing position to these arguments that are against the retention of the Immunity Clause by stressing its advantages to executive capacity, an argument that has often been ignored by the commentators who are against the retention of the Immunity Clause in the country’s Constitution. This paper analyses the concept of the rule of law and the Immunity Clause (as contained in Nigeria’s 1999 Constitution; it also highlights the implications of removing the Immunity Clause from the 1999 Constitution) on executive capacity; the paper talks about the justifications for the retention of the Immunity Clause in the 1999 Constitution; and the paper concludes by suggesting that the Immunity Clause should be retained in the Nigeria’s Constitution until Nigerians are politically mature to handle a condition without it.
Immunity Clause, Rule of Law, Executive Capacity, Constitution
[1]
Adejumo, A., 2008. Immunity Clause: To Stay or Not to Stay, The Nation, May, 2008
[2]
Adujie, P.I., 2004. Immunity from Prosecution: Arguing from both Sides. Available at: [Accessed 01 December 2013).
[3]
Adujie, P.I., 2005. Expunge, Excise and Repeal Immunity Clause Now. Available at: [Accessed 01 December 2013).
[4]
Anosike, W., 2008. Removal Immunity Clause: A Further Threat to Federalism, Nigerian Tribune, June, 2008.
[5]
Anugbogu, C., 2005. Complexities of Constitution without Immunity Clause, Independent, November, 2005.
[6]
Anyaoku, E., 2010. The Challenges of Nationhood, Nigerian Institute of Management Lecture, October, 2010
[7]
Cole, J.Y., Reed, H.H. and Small, H., 1997. The Library of Congress. New York: W. W. Norton. and Company.
[8]
Cooper, J.M. and Hutchinson, D.S., 1997. Complete Works by Plato. Indianapolis: Hackett Publishing.
[9]
Dicey, A.V., 1885. Introduction to the Study of the Law of the Constitution, 8th ed., 1915) Indianapolis: Liberty Classics.
[10]
Ellis, W., 1919. A treatise on government: translated from the Greek of Aristotle. USA: J.M. Den.
[11]
Garner, B.A., 2004. ed. Black’s Law Dictionary (8th ed.). Minnesota: West Group.
[12]
Federal Government of Nigeria, 1999. Constitution of the Federal Republic of Nigeria. Lagos: Federal Government Press.
[13]
Holy Bible (Book of Daniel). Available at: [Accessed 22 November 2013).
[14]
Lawson, P.S., 2010. Essentials of Citizenship Education, Vol 1, 2nd ed. Ibadan: The Lord’s Creation.
[15]
Ohia, U., 2008. Immunity Clause as a Necessary Evil. Guardian, July, 2008.
[16]
Ogunranti, A., 2012. Immunity Clause in the Nigerian 1999 Constitution: A Curse or a Blessing?’A Dissertation submitted for the Award of the L.L.B degree, University of Ilorin, Nigeria.
[17]
Oladele, K., 2006. Removing Immunity clause from the Constitution will Undermine Executive Capacity, Community Plus, January, 2006.
[18]
Oladipupo, S., 2002. Remove Akande, Omisore's Immunity – Keyamo, P.M News, February, 2002.
[19]
Olaniyonu, Y., 2006. 1999 Constitution: Between Sections 188 and 308, This Day, November, 2006.
[20]
Palekar, S.A., 2009. Comparative Politics and Government. New Delhi: PHI Learning Private Ltd.
[21]
Raz, J.,1977. The Rule of Law and Its Virtue, The Law Quarterly Review, 93.
[22]
Romney, M.R., 2008. The Origins and Scope of Presidential Impeachment. Available at: [Accessed 22 November 2013).
[23]
Soyinka, W., 2001. Centralism and Alienation, International Social Science Journal, 53(167).
[24]
Tamanaha, B.Z., 2004. On the Rule of Law. Cambridge: Cambridge University Press.
[25]
Weeramantry, C.G., 1997. Justice without Frontiers: Protecting Human Rights in the Age of Technology. Boston: Martinus Nijhoff Publishers.
