ABSTRACT

Immunity clause provision in the 1999 constitution has generally had controversy in recent time and its   inclusion in the constitution has polarized the Nigerian society into two camps of its proponents and opponents.

This essay is an attempt to contribute to the raging question “should the immunity clause of the 1999 constitution be retained or be expunged from the constitution of the federal republic of Nigeria?

However, this research work will attempt to proffer an objective submission to this poser by making comparison of the concept of immunity under the Shariah with intendment of the constitution viz-a-viz the concept of equality before the law under the Shariah legal system. This project has been divided into five segments. The introductory chapters include the aims and objectives of the work, the scope of the work and methodology of writing the work.

This research work is entirely a comprehensive discussion on the concept of immunity, its evolution, types, natural, application, statutory authority, limitation and expressed views of people on the immunity clause provided for under Section 308. It equally touches on the presentation of the Shariah legal system with special attention on the concept of equality before the law.

The later part of the project deals with the comparative review of the Immunity clause and the Shariah concept of equality before the Law. Areas of similarities and conflict in the operation of the equality before the law and immunity concept shall be treated. Conclusively, the basic essence expunging the concept of Immunity Clause is tailored towards efficiency and effectiveness in the administration of governmental policies as envisaged in the concluding part of this work.

CHAPTER ONE

GENERAL INTRODUCTION

1.0.0: INTRODUCTION

The experience so far since Nigeria has returned to democratic rule shows that all has not been well with our democratic experience as it affects the immunity clause provided for in the Nigerian constitution-a compendious engine room of the Nigeria Democratic System.

The fact that the Nigerian state is one made up of multi- religious practices with two predominant one and particularly with Islam having its divine regulatory law and order coded in a legal system called Shariah further challenged the interest of this writer to attempt a form of comparison between the view of Islamic law on one side as it relate to the concept of equality before the law and Common law on the other hand over this very important controversial clause.

The key word in both theme and topic is immunity which understandably means exemption or special protection granted to certain categories of public officers from a duty or liability of service of process in the interest of smooth and good performance of their services to the society.

The work will look into the immunity clause, state the position of  law on immunity, whether or not chief executives should enjoy immunity, its limitations under both the common law system as exemplified in the 1999 constitution and under the Shariah legal system in a comparative analysis.

Finally, recommendation as to the necessity and otherwise of  immunity clause under both legal system will be examined  with a view to paving way for further research work on this subject matter. 

1.1.0: AIMS AND OBJECTIVES OF STUDY

The essay aims at contributing to the contemporary legal problems on immunity under the Nigerian Constitution as they are presently unfolding. This is with the view of getting all talk on the issue annexed and reduced into literature form or writing  so as to serve as a reference point to people who will be interested in this area of law in future.

Fundamentally, this write up is intended at giving the Islamic point of view to the various aspect of concept of immunity thus ensuring that Muslims do not get derailed from the divine principle of Shariah in their understanding of the discussion, application and conceptualization of the immunity clause provision.

History is said to be a record of events that has taken place, it is therefore better in order to ensure certainty in our law to ensure that any new development or area that may arise while implementing an area of law should be brought out vividly to the public with a view of getting solutions for them.

 

In a nutshell, legal problems can best be solved by getting the problems discussed. If those concerned with law come out and express their opinion on a legal problem, solution to that problem will not be far- fetched. It is with this view in mind that this writer decides to embark on this study and it is hoped that by the end the writer would have been able to give useful suggestion as to how the problem of immunity under the 1999 Constitution can best be tackled in a secular State such as Nigeria.