LIABILITY OF STATE AGENCIES AND PUBLIC OFFICERS VIS-A-VIS SOVEREIGN IMMUNITY AND LIMITATION OF ACTIONS UNDER NIGERIAN LAW
LIABILITY OF STATE AGENCIES AND PUBLIC OFFICERS VIS-A-VIS SOVEREIGN IMMUNITY AND LIMITATION OF ACTIONS UNDER NIGERIAN LAW
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Date
2000-07
Authors
ALIYU, AHMAD LIMAN
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Abstract
For a long time under the common law the crown enjoyed absolute
immunity against any legal proceedings. This principle originated from the
philosophy of "Rex non potest pecans," which literally means "the king
can do no wrong" and this had a justification under the principle of "divine
Rights of the king."
However, with the movement from the "lessie faire" philosophy of
government to welfarism, it became necessary for the state to intervene
frequently in the lives of the citizens. This created the ground for making
inroad into crown immunity. From 1946, the Federal Tort Claims Act came
into force in the United States of America and in 1947. the Crown
Proceedings Act followed suit in Britain. Both legislations abolished the
immunity of the State/Crown from legal proceedings instituted by citizens.
Consequently, at about the same time in Nigeria the doctrine of sovereign
immunity was firmly in forced, thereby making the sovereign non-liable,
even for the wrongs of its servants, both tortuously and contractually.
This research examined the background and development of these
immunities, protections and their exceptions in Britain. United States and
Nigeria. The study attempt to determine the scope of the statutory
immunity and procedural defenses under statures of limitation in Nigeria,
especially against the background of the 1970 and 1999 Constitutions and
other relevant statutes.
Description
A THESIS SUBMITTED TO THE
POSTGRADUATE SCHOOL,
AHMADU BELLO UNIVERSITY,
ZARIA, NIGERIA,
PARTIAL FULFILLMENT OF THE REQUIREMENTS
FOR THE DEGREE OF LL.M. (MASTER OF LAWS)
DEPARTMENT OF PUBLIC LAW
FACULTY OF LAW
AHMADU BELLO UNIVERSITY,
ZARIA-NIGERIA
JULY, 2000
Keywords
LIABILITY,, STATE,, AGENCIES,, PUBLIC OFFICERS,, VIS-A-VIS,, SOVEREIGN,, IMMUNITY, LIMITATION,, NIGERIAN LAW