APPRAISAL OF THE ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS AGAINST PUBLIC OFFICERS UNDER SECTION 308 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED)

Abstract

This paper appraised the enforcement of fundamental rights against public officers under Section 308 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The said public officers – President, Vice President, Governors, and Deputy Governors, are exempted from Civil & Criminal prosecution and by implication fundamental Rights under section 308 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) as they are clothed with immunity. However, this research work evaluated the said provision of the Constitution (section 308 CFRN 1999 as amended) Vis-a Vis fundamental right provisions under Chapter IV of the Constitution of the Federal Republic of Nigeria,1999(As Amended).Fundamental rights provisions are sui generis, hence the need to be given necessary attention and be exempted from the provision of section 308 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).The extent and scope of the provision of section 308 of the said Constitution, was also in focus. The pros and cons of the immunity clause were also considered. The provision of the 308 of the Constitution of the Federal Republic of Nigeria, 1999(as amended) was also appraised in relation to the fundamental human rights which has attained global relevancy and finds expression in Nigeria which must be preserved and protected by all the arms of government especially, the Executive in line with the provision of section 14 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).it was the recommendation of the writer that the provision of Section 308 of the Constitution of the Federal Republic of Nigeria, 1999(as amended) be limited or exempted from the provision of Chapter IV of the Constitution. By so doing, it will make such officers accountable to the people in fundamental rights cases. The recent decision of the Federal High Court in the case of Yahaya Bello v Murtala Ajaka is a welcome development and was also recommended as the way to go for the purpose of making the said public officers accountable to the very people that brought them to power.
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