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Immunity Clause in Nigeria’s 1999 Constitution: Its Implications on Executive Capacity
Current Issue
Volume 2, 2014
Issue 6 (December)
Pages: 130-136   |   Vol. 2, No. 6, December 2014   |   Follow on         
Paper in PDF Downloads: 24   Since Aug. 28, 2015 Views: 1821   Since Aug. 28, 2015
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
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