A CRITICAL ANALYSIS OF THE EXECUTIVE IMMUNITY CLAUSE AS ENSHRINED IN THE CONSTITUTION

ABSTRACT

Interestingly, it is essential to take cognizance of the fact that the origin of the executive immunity is traced back to the era where most areas of the world were ruled and controlled by monarchs (absolute monarchy), during this era, it was believed that a king (the monarch) could do no wrong and as such could not be held responsible for any act or omission. This was the origin of the term sovereign immunity of which the expression ‘executive immunity is a derivative’. Basically, this research work examines the constitutional immunity from prosecution conferred on certain political office holders (president vice president, governors and their deputies) as enshrined and expressly established under the provision of Section 308(3) of the 1999 Constitution of the Federal Republic of Nigeria. It is very important, imperative and essential to take note that this clause was established and codified in our constitution for the primary purpose of exempting the aforementioned officers from civil and criminal proceedings been brought against them in their personal capacity. The main reason for this is to prevent any form of distractions and disturbance of the aforementioned officers while carrying out their official duties in order to enable them carry out these functions more effectively. This research work goes a long way to spell out the opinion of several legal minds and scholars on their various positions on the subject matter. This research work notes the various imitations of the executive immunity clause as well as the relevance of the clause and all the controversial issues as to whether the immunity clause should be removed and permanently deleted from the constitution. However, this research work argues and concludes that the Executive immunity clause should be abrogated from the constitution.