The paper address the General principle and notion in Law; NEMO JUDEX IN CAUSA SUA. Which says on... more The paper address the General principle and notion in Law; NEMO JUDEX IN CAUSA SUA. Which says one should not be a judge in his own case.
BEM SAMUEL IOR, Beyond the Limits of Provocation , 2022
This article seeks to address how the defense of provocation was overstretched by the Learned Jus... more This article seeks to address how the defense of provocation was overstretched by the Learned Justices of the Supreme Court of Nigeria
Immunity clause under the Nigerian Constitution being a curse or a blessing is not only a current... more Immunity clause under the Nigerian Constitution being a curse or a blessing is not only a current topic but equally controversial and fascinating. After several years of Military rule, Nigeria has returned to a democratic rule since May 29 th , 1999. However, the experience so far since Nigeria has returned to democratic rule shows that all has not been well with our democratic experience, especially as it affects the immunity of Chief Executives from Judicial proceedings. Of interest to me was the statement made by General Muhammed Buhari (Rtd.) Former Nigeria Military Head of State and the 2011 Presidential candidate of the then 1 political party Campaign promises on 1 st of March, 2011, he said: "We will amend the Constitution to remove immunity from prosecution for elected officers in criminal cases 2 ." Preliminarily, the first question that comes to our mind is what is immunity in this context? According to Bola Ajibola (SAN) 3 , the answer to this question is simple; 'it is nothing but another word for exemption'. It is this immunity that is enshrined in the Nigerian Constitution. Hence, we have the immunity clause under Section 308 of the 1999 Nigerian Constitution (As amended).
Immunity Clause under Nigerian Constitution , 2022
The study undertakes a doctrinal analysis of the principle of immunity clause provision as contai... more The study undertakes a doctrinal analysis of the principle of immunity clause provision as contained in the CFRN as amended. The study found that the delay in prosecution of certain political office holders by virtue of the immunity clause has done more harm than good to the nation's economy. Evidence which would have been used in such trials are destroyed or lost. It is therefore recommended that; Executive immunity should be contained in the Act of the National Assembly and not the Constitution of the Federal Republic of Nigeria
The paper address the General principle and notion in Law; NEMO JUDEX IN CAUSA SUA. Which says on... more The paper address the General principle and notion in Law; NEMO JUDEX IN CAUSA SUA. Which says one should not be a judge in his own case.
BEM SAMUEL IOR, Beyond the Limits of Provocation , 2022
This article seeks to address how the defense of provocation was overstretched by the Learned Jus... more This article seeks to address how the defense of provocation was overstretched by the Learned Justices of the Supreme Court of Nigeria
Immunity clause under the Nigerian Constitution being a curse or a blessing is not only a current... more Immunity clause under the Nigerian Constitution being a curse or a blessing is not only a current topic but equally controversial and fascinating. After several years of Military rule, Nigeria has returned to a democratic rule since May 29 th , 1999. However, the experience so far since Nigeria has returned to democratic rule shows that all has not been well with our democratic experience, especially as it affects the immunity of Chief Executives from Judicial proceedings. Of interest to me was the statement made by General Muhammed Buhari (Rtd.) Former Nigeria Military Head of State and the 2011 Presidential candidate of the then 1 political party Campaign promises on 1 st of March, 2011, he said: "We will amend the Constitution to remove immunity from prosecution for elected officers in criminal cases 2 ." Preliminarily, the first question that comes to our mind is what is immunity in this context? According to Bola Ajibola (SAN) 3 , the answer to this question is simple; 'it is nothing but another word for exemption'. It is this immunity that is enshrined in the Nigerian Constitution. Hence, we have the immunity clause under Section 308 of the 1999 Nigerian Constitution (As amended).
Immunity Clause under Nigerian Constitution , 2022
The study undertakes a doctrinal analysis of the principle of immunity clause provision as contai... more The study undertakes a doctrinal analysis of the principle of immunity clause provision as contained in the CFRN as amended. The study found that the delay in prosecution of certain political office holders by virtue of the immunity clause has done more harm than good to the nation's economy. Evidence which would have been used in such trials are destroyed or lost. It is therefore recommended that; Executive immunity should be contained in the Act of the National Assembly and not the Constitution of the Federal Republic of Nigeria
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