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Constitution and Its Impact on The Anti-corruption Crusade

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, states governors and their deputies from civil and criminal prosecutions while they hold public offices. 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 it could serve as an effective panacea for executive corruption. It found, 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 it
constitutional purpose. The article finally advocates for the removal of the immunity clause from the Constitution as the only visible way to have a transparent and accountable government in Nigeria.

 

Publication Type

Publication Date

02/07/2010

Author(s)

Elijah Adewale Taiwo

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