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| The Implications of Immunity Clause and the Pollution of Excellency for Democratic Consolidation in Nigeria |
Okeke Martin Ifeanyi *Ph.D, Dr Mrs Uche Ojukwu, Dr Desmond O. Nnamani
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Abstract:
The paper ascertains immunity clause and the pollution of exellency: the implication for democratic consolidation in Nigeria. Immunity is a freedom conferred on a person to protect him from litigation or persecution. The immunity clause provides a shield for the President, Vice President, Governor or Deputy Governor from frivolous litigation in respect of personal or criminal proceedings that would distract him from the business of governance. However, the purpose has been manipulated to promote injustice, impunity and corruption. The feature emphasizes the functional necessity of the clause which the constitution canvasses for political office holders. Any trial relating to crime committed by any political office holder commence after their tenure in office expires. This raise the issues that evidence against them might have been destroyed, prosecution witnesses may die before the trial commences and changes in the law can enable them to evade justice. For this reason, the constitutional provisions on immunity have become a threat to democratic consolidation in Nigeria. The paper examines the relevance of constitutional provisions on immunity for certain categories of political-office holders for democratic consolidation in Nigeria using descriptive and documentary research to support our analytical conclusions. It traces the origin and roots of immunity for political office-holders to 1963 Republican Constitution and rationale for its inclusion in Nigerian constitutions. On the strength of evidences from Nigeria's Second (1979-1983) and Fourth Republic (1999 till date), the original intent for its inclusion in the constitution was good, but political actors is using it to disjoint our nascent democracy. Instead of the political class to mend fence, they bent on playing at the gallery. The paper recommends review of constitutional provisions to take cognizance for transparency, accountability and good governance to ensure that political chief executives are not constrained in performing their constitutional duties. In this way, the paper concludes that the excesses of elected chief executives can be curbed while Nigerians can reap more dividends of democracy now and in future. The clause should be reviewed to checkmate the anomalies being perpetrated in disguise by die hard politicians.
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