JUSTICE FOR THE RICH, JUDGEMENT FOR THE POOR: ‘ELITE IMMUNITY’, RAMPANT IMPUNITY AND THE ADMINISTRATION OF CRIMINAL JUSTICE IN NIGERIA

Abstract

In Nigeria today, some aspects of our constitution give immunity clause to serving political office holders which prevents them from being prosecuted in a court of law over alleged offences against the state committed while in office until after their tenure. This immunity clause has led to an alarming rate of executive lawlessness and official corruption in the corridors of power by Nigerian political ruling class as they continually abuse these privileges with high sense of impunity. Their associates and friends also enjoy unofficial immunity as they recklessly flaunt existing laws. This, many a times, goes without any form of punishment to serve as deterrent to other potential offenders. It often precipitates more abuse in the polity. Yet, while the Nigerian courts mockingly and seemingly ruthlessly deal with the poor, the rich are patronisingly pampered and most times, evade justice. Though the Nigerian constitution guarantees justice and equality for all citizens, a lot of people, especially the poor and vulnerable, are still unable to get access to justice in the country. While the poor get rotten in prison for many years in the course of trial, soft landing mechanism is devised for the rich- just to return a fraction of the looted money and go home. This study therefore, interrogates the content and context of elite immunity and its attendant culture of impunity that permeates the political environment in Nigeria.