AN APPRAISAL OF THE IMMUNITY CLAUSE ON THE FIGHT AGAINST CORRUPTION IN NIGERIA

Abstract

Constitutional Immunity is conferred upon certain public officers while serving during the tenure of their office. In other words, these public officers are not commanded by any law to be the subject of prosecution or penalty while in the public office. Owing to the protection granted by the Constitution, these officers have been justifiably accused of perpetrating corrupt practices, taking advantage of the immunity provided for by the 1999 Constitution as amended in 2011. This is contrary to the intendment of the legislators who drafted the provision not to be used as a forum to commit egregious acts but to ensure that these officers are so committed to the responsibilities and duties, that their attention is not diverted to civil and criminal proceedings against them. Notwithstanding, the Immunity clause is not without exceptions and to this extent there are challenges in cue confronting the concept of constitutional immunity particularly in respect of corruption. This research work will examine the concept of constitutional immunity and the fight against corruption. Furthermore, this research work seeks to elaborate the extent to which constitutional immunity is applicable with respect to these public officers. In addition, this research work will appraise the challenges that sterns from the grant of immunity to them with special reference to the incidence of corruption. This work will attempt to establish the need to fight against the flagrant misuse and abuse of the constitutional privilege by proffering reasonable solutions and recommendations consequently.����

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urn:uuid:c9c1a98f-3e86-4ab6-a6e7-9b615771b057