Immunity clause in the Nigerian constitution and its implication for good governance

Abstract

The raging controversy surrounding whether to remove or retain the immunity clause in the Nigerian Constitution has been on for quite sometimes now. That is, whether there should or shouldn't be immunity for elected political office holders in the country. Section 308 of the Nigerian Constitution provides for immunity for certain elected officers in the country. Though, this section appears to be express and clearer tough, it has however generated a lot of controversies and debates. The proponents of its abrogation argue that immunity encourages corruption and therefore gives room for bad leadership. On the contrary, those who support its retention have argued that removing it will allow those at the helm of affairs in the country to be distracted from performing their statutory roles with frivolous litigations. This issue has been discussed from various perspectives and it seems no serious decision has been taken on it. But a burning matter that needs to be addressed in this paper is the effect of its inclusion on good governance in Nigeria. Therefore, this paper addresses issues such as the meaning of immunity clause, good governance, the interplay between immunity clause and good governance and recommendation will also be made to address the issue.