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PRACTICABILITY OF WAIVING CONSTITUTIONAL IMMUNITY UNDER THE CONSTITUTION OF FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED) By Ahmad Haruna Danmaigauta, Usman Uwaisu Usman

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Abstract

Jurists and other Nigerians concerned have advanced a lot of arguments on the issue of the practicability of constitutionally immune officials’ powers to waive the protection granted to them by the constitution while they are in office. These have produced at least two schools of thought. One school argues that, the affected officials lack the power to waive such protection as it will amount to a breach of the constitution while the other school who may be referred to as moralists argue based on the moral view and the law as it ought to be that the officials should be allowed the liberty to waive the immunity since that might serve the society’s interest. This paper aims at discussing the constitutional immunity, its scope, limitation and the arguments for and against the practicability of its beneficiaries’ power to waive it. This will be achieved through the use of doctrinal method of research by making reference to both primary and secondary materials. It concludes with a finding that it is not possible for the officials concerned as the position of the law stands presently to strip themselves of the Constitutional immunity.

Keywords: Immunity, Waiver, Applicability.

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