Abstract

The idea of immunity from legal process is, as a general rule, abhorrent to modern legal civilization. The origin of this class of immunity traces back to the era of absolute monarchs, when it was believed that a king could do no wrong, thus the term sovereign immunity, of which the expression ‘executive immunity’ is a derivative. This paper examines, albeit briefly, the constitutional immunity from prosecution conferred on certain political office holders in Nigeria. The order of progression of this paper shall be an examination of the concept of immunity followed by its uses and abuses in Nigeria, some arguments for and against its retention in the Constitution, comparative analysis of the position in a few other countries, a brief consideration of the rule of law and finally some recommendations and conclusion.

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