Operation of the Doctrine of Sovereign Immunity in Contemporary World: Nigeria in Focus

Babalola Abegunde; Zacheaus Femi Ogunlade; Kayode Adetifa

doi:doi:10.11648/j.ijls.20230602.17

| Peer-Reviewed

Operation of the Doctrine of Sovereign Immunity in Contemporary World: Nigeria in Focus

Babalola Abegunde, Zacheaus Femi Ogunlade, Kayode Adetifa

Published in International Journal of Law and Society (Volume 6, Issue 2)

Received: 6 April 2021 Accepted: 21 August 2021 Published: 15 June 2023

Views: Downloads:

Download PDF

Share This Article

Twitter
Linked In
Facebook

Abstract

In Nigeria, the sovereign power resides in the people, hence, Section 14 (2) (a) of 1999 Constitution provides that: “Sovereignty belongs to the people of Nigeria from whom the government through this Constitution derives all its power and authority.” In Nigeria, the people are the sovereign and the people exercise sovereignty through their electoral vote, and by way of constitutional government in accordance with the Constitution which is the express will of the people for the regulation of government and national life. The provisions of the Constitution are binding on all authorities and persons throughout Nigeria. The sovereignty of the people is called constitutional sovereignty. However, people usually confer upon an elected sovereign all the rights necessary to ensure peace and protection for each member of the society. Immunity is the exemption of a person or body from legal proceedings or liability. This paper examined inter-alia, the concept of sovereign immunity, which shields the actions of state in respect of its domestic affairs. This is deskbased research which relies on both primary and secondary sources of data. This paper reveals that the concept is no longer immutable in the contemporary time. The paper rounds up with concluding remarks.

Published in	International Journal of Law and Society (Volume 6, Issue 2)
DOI	10.11648/j.ijls.20230602.17
Page(s)	161-167
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2023. Published by Science Publishing Group

Keywords

Sovereignty, Immunity, Forms, Nigeria, International Law

References

[1]	Amusa, K. O. (2004) “Advancing Human Right Through the International Criminal Courts: Problems and Prospects” inIbidapo-Obe, A. and Yerima, T. F. (eds.) International Law, Human Rights and Development, Essays in Honour of Professor Akin Oyebode, Ado-Ekiti; PETOA Educational Publishers.
[2]	Claire de Than & Edwin Shorts, “International Criminal Law and Human Rights”, Pub by Sweet & Maxwell, 2003, P. 51. See also The Porto Alexandre (1920), P. 30.
[3]	Dicey, A. V (1885) Introduction to the Law of Constitution, 10thEd. p. 193.
[4]	EdoardoGreppi: “The Evolution of Individual Criminal Responsibility Under International Law” Pub. in International Review of the Red Cross, (IRRC) No 835, PP. 531-553.
[5]	Elias, T. O (1983) “Sovereign Immunity and Commercial Transactions”, in The International Court of Justice and Some Contemporary Problems, Springer, Dordrecht, pp 167-179.
[6]	Garner J. F. (1963) Administrative Law, p. 215.
[7]	Graditzky, T. “Criminal Responsibilityfor Violation of International Humanitarian Law Committed in Non-International Armed Conflicts,” IRRC, No 322, March 1998, P. 29.
[8]	Griffith, J. A. G and Street, H. (1969) Principles of Administrative Law, Pithman& Sons Ltd, 4th Ed. p. 251.
[9]	Jasper, F. (2010) “Sovereign Immunity: Rule, Comity or Something Else” European Journal of International Law, vol. 21, issue4, pp. 853-881.
[10]	Iluyomade, B. O. and Eka, B. U. 91992) Cases and Materials in Administrative Law in Nigeria, Obafemi Awolowo University Press, 1st Ed. P. 237.
[11]	Ijalaye, D. A. The PUNCH, October 10, 2005 P. 73 was of the well considered view that money laundering would qualify for a crime against humanity.
[12]	Malemi, E. (2016) Administrative Law Cases and Materials, Bemnybooks, 4thEdition.
[13]	Meron, T. “International Criminalization of Internal Atrocities”, A. J. I. L. 1995, P. 554.
[14]	Nwabueze, B. (1983) Military Rule and Social Justice in Nigeria, Spectrum Law Series. P. 59.
[15]	Oddenino, A. and Bonetto, D. (2020) “The Issue of Immunity of PrivateActors Exercising Public Authority and the New Paradigm of International Law”, Global Jurist, Vol. 20, No. 3.
[16]	Oluyede, P. A. (1995) Nigeria Administrative Law, p. 427.
[17]	Oyewo, O. (2016) Modern Administrative Law and Practice in Nigeria, Lagos: University of Lagos and Bookshop Limited.
[18]	Sarzo, M. (2013) “The Dark Side of Immunity: Is There Any Individual Rights for Activities Jure Imperii?” Leiden Journal of International Law, Vol. 26, Vol. 1, pp. 105-125.
[19]	Schmitthoff, C. M. (1958) “The Claim of Sovereign Immunity in International Trade Law”, International and Comparative Law Quarterly, Vol. 7, No. 3, pp452-467.
[20]	Schmitthoff, C. M. (2020)”The Nineteenth Century Doctrine of Sovereign Immunity and the Growth of State Trading”, Denver Journal of International Law and Policy, Vol. 2, No. 2.
[21]	Street, H. (1958) Government Liability, p. 1.
[22]	Xiaodong, Y. (2001) “State Immunity outside the State Immunity Act”, The Cambridge Law Journal, Vol. 60, No. 1, pp17-20.; See Trial of the Major War Criminals before the International Military Tribunal, Nuremberg, 14th November, 1945-1st October.
[23]	Zsuzsanna –Deen-Racsmany “Prosecutor V Charles Taylor: The Status of the Special Court for Sierra-Leone and Its Implications for Immunity”, Leiden Journal of International Law (2005) PP. 299-338.

Cite This Article

Plain Text BibTeX RIS

APA Style

Babalola Abegunde, Zacheaus Femi Ogunlade, Kayode Adetifa. (2023). Operation of the Doctrine of Sovereign Immunity in Contemporary World: Nigeria in Focus. International Journal of Law and Society, 6(2), 161-167. https://doi.org/10.11648/j.ijls.20230602.17

Copy | Download

ACS Style

Babalola Abegunde; Zacheaus Femi Ogunlade; Kayode Adetifa. Operation of the Doctrine of Sovereign Immunity in Contemporary World: Nigeria in Focus. Int. J. Law Soc. 2023, 6(2), 161-167. doi: 10.11648/j.ijls.20230602.17

Copy | Download

AMA Style

Babalola Abegunde, Zacheaus Femi Ogunlade, Kayode Adetifa. Operation of the Doctrine of Sovereign Immunity in Contemporary World: Nigeria in Focus. Int J Law Soc. 2023;6(2):161-167. doi: 10.11648/j.ijls.20230602.17

Copy | Download

@article{10.11648/j.ijls.20230602.17,
  author = {Babalola Abegunde and Zacheaus Femi Ogunlade and Kayode Adetifa},
  title = {Operation of the Doctrine of Sovereign Immunity in Contemporary World: Nigeria in Focus},
  journal = {International Journal of Law and Society},
  volume = {6},
  number = {2},
  pages = {161-167},
  doi = {10.11648/j.ijls.20230602.17},
  url = {https://doi.org/10.11648/j.ijls.20230602.17},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20230602.17},
  abstract = {In Nigeria, the sovereign power resides in the people, hence, Section 14 (2) (a) of 1999 Constitution provides that: “Sovereignty belongs to the people of Nigeria from whom the government through this Constitution derives all its power and authority.” In Nigeria, the people are the sovereign and the people exercise sovereignty through their electoral vote, and by way of constitutional government in accordance with the Constitution which is the express will of the people for the regulation of government and national life. The provisions of the Constitution are binding on all authorities and persons throughout Nigeria. The sovereignty of the people is called constitutional sovereignty. However, people usually confer upon an elected sovereign all the rights necessary to ensure peace and protection for each member of the society. Immunity is the exemption of a person or body from legal proceedings or liability. This paper examined inter-alia, the concept of sovereign immunity, which shields the actions of state in respect of its domestic affairs. This is deskbased research which relies on both primary and secondary sources of data. This paper reveals that the concept is no longer immutable in the contemporary time. The paper rounds up with concluding remarks.},
 year = {2023}
}

Copy | Download

TY  - JOUR
T1  - Operation of the Doctrine of Sovereign Immunity in Contemporary World: Nigeria in Focus
AU  - Babalola Abegunde
AU  - Zacheaus Femi Ogunlade
AU  - Kayode Adetifa
Y1  - 2023/06/15
PY  - 2023
N1  - https://doi.org/10.11648/j.ijls.20230602.17
DO  - 10.11648/j.ijls.20230602.17
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 161
EP  - 167
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20230602.17
AB  - In Nigeria, the sovereign power resides in the people, hence, Section 14 (2) (a) of 1999 Constitution provides that: “Sovereignty belongs to the people of Nigeria from whom the government through this Constitution derives all its power and authority.” In Nigeria, the people are the sovereign and the people exercise sovereignty through their electoral vote, and by way of constitutional government in accordance with the Constitution which is the express will of the people for the regulation of government and national life. The provisions of the Constitution are binding on all authorities and persons throughout Nigeria. The sovereignty of the people is called constitutional sovereignty. However, people usually confer upon an elected sovereign all the rights necessary to ensure peace and protection for each member of the society. Immunity is the exemption of a person or body from legal proceedings or liability. This paper examined inter-alia, the concept of sovereign immunity, which shields the actions of state in respect of its domestic affairs. This is deskbased research which relies on both primary and secondary sources of data. This paper reveals that the concept is no longer immutable in the contemporary time. The paper rounds up with concluding remarks.
VL  - 6
IS  - 2
ER  -

Copy | Download

Author Information

Babalola Abegunde

Faculty of Law, Ekiti State University, Ado-Ekiti, Nigeria
Zacheaus Femi Ogunlade

Compliance and Litigation Department, Corporate Affairs Commission, Abuja, Nigeria
Kayode Adetifa

Department of Public Law, Faculty of Law, Ekiti State University, Ado-Ekiti, Nigeria

Download PDF

Sections

Plain Text BibTeX RIS

APA Style

Babalola Abegunde, Zacheaus Femi Ogunlade, Kayode Adetifa. (2023). Operation of the Doctrine of Sovereign Immunity in Contemporary World: Nigeria in Focus. International Journal of Law and Society, 6(2), 161-167. https://doi.org/10.11648/j.ijls.20230602.17

Copy | Download

ACS Style

Babalola Abegunde; Zacheaus Femi Ogunlade; Kayode Adetifa. Operation of the Doctrine of Sovereign Immunity in Contemporary World: Nigeria in Focus. Int. J. Law Soc. 2023, 6(2), 161-167. doi: 10.11648/j.ijls.20230602.17

Copy | Download

AMA Style

Babalola Abegunde, Zacheaus Femi Ogunlade, Kayode Adetifa. Operation of the Doctrine of Sovereign Immunity in Contemporary World: Nigeria in Focus. Int J Law Soc. 2023;6(2):161-167. doi: 10.11648/j.ijls.20230602.17

Copy | Download

@article{10.11648/j.ijls.20230602.17,
  author = {Babalola Abegunde and Zacheaus Femi Ogunlade and Kayode Adetifa},
  title = {Operation of the Doctrine of Sovereign Immunity in Contemporary World: Nigeria in Focus},
  journal = {International Journal of Law and Society},
  volume = {6},
  number = {2},
  pages = {161-167},
  doi = {10.11648/j.ijls.20230602.17},
  url = {https://doi.org/10.11648/j.ijls.20230602.17},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20230602.17},
  abstract = {In Nigeria, the sovereign power resides in the people, hence, Section 14 (2) (a) of 1999 Constitution provides that: “Sovereignty belongs to the people of Nigeria from whom the government through this Constitution derives all its power and authority.” In Nigeria, the people are the sovereign and the people exercise sovereignty through their electoral vote, and by way of constitutional government in accordance with the Constitution which is the express will of the people for the regulation of government and national life. The provisions of the Constitution are binding on all authorities and persons throughout Nigeria. The sovereignty of the people is called constitutional sovereignty. However, people usually confer upon an elected sovereign all the rights necessary to ensure peace and protection for each member of the society. Immunity is the exemption of a person or body from legal proceedings or liability. This paper examined inter-alia, the concept of sovereign immunity, which shields the actions of state in respect of its domestic affairs. This is deskbased research which relies on both primary and secondary sources of data. This paper reveals that the concept is no longer immutable in the contemporary time. The paper rounds up with concluding remarks.},
 year = {2023}
}

Copy | Download

TY  - JOUR
T1  - Operation of the Doctrine of Sovereign Immunity in Contemporary World: Nigeria in Focus
AU  - Babalola Abegunde
AU  - Zacheaus Femi Ogunlade
AU  - Kayode Adetifa
Y1  - 2023/06/15
PY  - 2023
N1  - https://doi.org/10.11648/j.ijls.20230602.17
DO  - 10.11648/j.ijls.20230602.17
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 161
EP  - 167
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20230602.17
AB  - In Nigeria, the sovereign power resides in the people, hence, Section 14 (2) (a) of 1999 Constitution provides that: “Sovereignty belongs to the people of Nigeria from whom the government through this Constitution derives all its power and authority.” In Nigeria, the people are the sovereign and the people exercise sovereignty through their electoral vote, and by way of constitutional government in accordance with the Constitution which is the express will of the people for the regulation of government and national life. The provisions of the Constitution are binding on all authorities and persons throughout Nigeria. The sovereignty of the people is called constitutional sovereignty. However, people usually confer upon an elected sovereign all the rights necessary to ensure peace and protection for each member of the society. Immunity is the exemption of a person or body from legal proceedings or liability. This paper examined inter-alia, the concept of sovereign immunity, which shields the actions of state in respect of its domestic affairs. This is deskbased research which relies on both primary and secondary sources of data. This paper reveals that the concept is no longer immutable in the contemporary time. The paper rounds up with concluding remarks.
VL  - 6
IS  - 2
ER  -

Copy | Download