Comparative analysis of the immunity clause under the nigerian 1999 constitution and the concept of equality before the law under shariah legal system

Thesis Overview

<p> </p><p><strong>1.0.0: INTRODUCTION</strong></p><p>The experience so far since Nigeria has returned to democratic rule shows that all has not been well with our democratic experience as it affects the immunity clause provided for in the Nigerian constitution-a compendious engine room of the Nigeria Democratic System.</p><p>The fact that the Nigerian state is one made up of multi- religious practices with two predominant one and particularly with Islam having its divine regulatory law and order coded in a legal system called Shariah further challenged the interest of this writer to attempt a form of comparison between the view of Islamic law on one side as it relate to the concept of equality before the law and Common law on the other hand over this very important controversial clause.</p><p>The key word in both theme and topic is immunity which understandably means exemption or special protection granted to certain categories of public officers from a duty or liability of service of process in the interest of smooth and good performance of their services to the society.</p><p>The work will look into the immunity clause, state the position of law on immunity, whether or not chief executives should enjoy immunity, its limitations under both the common law system as exemplified in the 1999 constitution and under the Shariah legal system in a comparative analysis.</p><p>Finally, recommendation as to the necessity and otherwise of immunity clause under both legal system will be examined with a view to paving way for further research work on this subject matter. </p><p><strong>1.1.0: AIMS AND OBJECTIVES OF STUDY</strong></p><p>The essay aims at contributing to the contemporary legal problems on immunity under the Nigerian Constitution as they are presently unfolding. This is with the view of getting all talk on the issue annexed and reduced into literature form or writing so as to serve as a reference point to people who will be interested in this area of law in future.</p><p>Fundamentally, this write up is intended at giving the Islamic point of view to the various aspect of concept of immunity thus ensuring that Muslims do not get derailed from the divine principle of Shariah in their understanding of the discussion, application and conceptualization of the immunity clause provision.</p><p>History is said to be a record of events that has taken place, it is therefore better in order to ensure certainty in our law to ensure that any new development or area that may arise while implementing an area of law should be brought out vividly to the public with a view of getting solutions for them.</p><p>&nbsp;</p><p>In a nutshell, legal problems can best be solved by getting the problems discussed. If those concerned with law come out and express their opinion on a legal problem, solution to that problem will not be far- fetched. It is with this view in mind that this writer decides to embark on this study and it is hoped that by the end the writer would have been able to give useful suggestion as to how the problem of immunity under the 1999 Constitution can best be tackled in a secular State such as Nigeria.</p> <br><p></p>