Vol. 5, Issue 2 (2019)
Confronting the edifice of corruption under section 308 of the 1999 constitution of Nigeria
Author(s): Uduak Alphonsus Ikono
Abstract: Section 308 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), shields the President, the Vice-President, the Governor and the Deputy Governor from civil and criminal proceedings, arrest, imprisonment, and court processes. This constitutional provision is termed “immunity clause.” This paper argues that while immunity clause carries with it the legal effect of protecting these officials from litigations that could interfere with their public functions, it has been abused by most, if not all, beneficiaries who brazenly looted public coffers and, unashamedly shielded themselves under the constitutional cover of section 308. It further contends that executive corruption under the guise of immunity clause has not only impeded our nascent democracy but threatened national development. The paper recommends inter alia the amendment of section 308 of the Constitution of Nigeria.