Appraising the vexed question of absolute immunity on state executives under Nigerian law

Abstract

Absolute immunity conferred on State Executives is covered by section 308 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which provides immunity from trials in civil and criminal matters, except in electoral matters on the President and his Vice, the Governors of the States and their Deputies. The sole justification for this is that these State Executives should enjoy absolute immunity to enable them to perform official duties without distractions. However, recent conducts of some State Executives have rekindled the need to amend section 308 by depriving them immunity from criminal prosecution as practiced in the United States while still in office. In the long run, the author concludes by supporting this view absolutely.