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Appraising the Doctrine of Sovereign Immunity in Nigeria
Nlerum S. Okogbule
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DOI:10.17265/1548-6605/2025.07.004
Rivers State University, Port Harcourt, Nigeria
This article appraises the doctrine of sovereign immunity in Nigeria’s constitutional and statutory framework. It interrogates the historical foundations of the doctrine, tracing its colonial inheritance and its entrenchment in Nigerian jurisprudence, particularly through constitutional provisions on executive immunity and judicial interpretations of state liability. It argues that while sovereign immunity was originally justified as a mechanism for preserving governmental stability and preventing frivolous litigation, its contemporary application in Nigeria often undermines accountability, access to justice, and the rule of law. Through doctrinal analysis of key constitutional texts, statutes, and judicial decisions, the article demonstrates how the doctrine has been expansively interpreted to shield public officials and government institutions from legal responsibility, even in cases involving violations of rights and commercial transactions. It further situates Nigeria’s approach within a comparative context, drawing lessons from jurisdictions that have adopted restrictive or qualified immunity regimes. It concludes that Nigeria’s current framework is normatively and functionally deficient and calls for a recalibration of sovereign immunity that balances effective governance with constitutionalism, accountability, and the protection of individual rights.
sovereign immunity, accountability, access to justice, constitutional jurisprudence
Nlerum S. Okogbule.Appraising the Doctrine of Sovereign Immunity in Nigeria.US-China Law Review, July 2025, Vol. 22, No. 7, 348-361
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