Executive immunity under the Nigerian Constitution and its impact on the anti-corruption crusade

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Periodical article

Title:	Executive immunity under the Nigerian Constitution and its impact on the anti-corruption crusade
Author:	Taiwo, Elijah Adewale
Year:	2010
Periodical:	East African Journal of Peace and Human Rights (ISSN 1021-8858)
Volume:	16
Issue:	2
Pages:	216-247
Language:	English
Geographic term:	Nigeria
Subjects:	constitutions 1999 impeachment corruption impunity
Abstract:	This article examines the executive immunity under section 308 of the 1999 Nigerian Constitution and its effect in perpetuating executive corruption in Nigeria. This immunity clause protects the President, the Vice-President, State governors and their deputies from civil and criminal prosecutions while they hold public office. The article contends that with the immunity clause, the fight against corruption in Nigeria might be difficult to pursue. The article also examines the constitutional power of impeachment/removal vested in the legislatures to determine whether this could serve as an effective panacea for executive corruption. It finds, however, that impeachment (though designed to check the executives in case of corruption and other constitutional breaches) has ultimately been politicized in Nigeria and thereby fails to achieve its constitutional purpose. The article finally advocates the removal of the immunity clause from the Constitution as the only visible way to have a transparent and accountable government in Nigeria. Notes, ref., sum. [Journal abstract]