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Question

Difficulty: MediumFourth Republic and Democratic Governance from 1999

Under Section 308 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which of the following sets of public officials is explicitly granted immunity from civil or criminal proceedings during their term in office?

  1. The President, Vice-President, State Governors, and Deputy GovernorsAnswer
  2. B
    The President, Senate President, Speaker of the House of Representatives, and Chief Justice of Nigeria
  3. C
    The President, Federal Cabinet Ministers, State Governors, and Local Government Chairmen
  4. D
    The President, State Governors, State Chief Judges, and the Inspector-General of Police

Answer

The President, Vice-President, State Governors, and Deputy Governors
Under Section 308 of the 1999 Constitution of Nigeria, constitutional immunity from civil and criminal lawsuits applies exclusively to executive heads and their deputies at the federal and state levels: the President, Vice-President, State Governors, and Deputy Governors.

Step-by-Step Solution

1
Identify the relevant legal provision in the 1999 Constitution of Nigeria.
Section 308 governs constitutional immunity from legal proceedings.
The question specifically asks about the scope of constitutional protection against court proceedings for public office holders in the Fourth Republic.
2
Examine the specific officers designated under Section 308.
Immunity applies exclusively to persons holding the office of President, Vice-President, Governor, or Deputy Governor during their tenure.
The law limits immunity strictly to elected executive heads of the federal and state governments to prevent distraction while performing executive duties.

Key Concept

Executive Immunity under the 1999 Constitution of the Fourth Republic
Estimated Time:1m 0s
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Topics

Fourth Republic and Democratic Governance from 1999