An Analysis of the Public Officers Protection Act: A Critical Examination of Immunity, Accountability and Governance
Oteyi Kpomasiruchi, Great Simeon Kinikachi
Abstract
This comprehensive study delves into the complexities of the Public Officers Protection Act, a legislation that has far-reaching implications for governance, accountability, and the rule of law. The research undertakes a critical examination of the Act's provisions, exploring the tensions between immunity and liability, and the consequences of this delicate balance for public officers, citizens, and the State. By investigating the theoretical underpinnings and practical applications of the Act, this study aims to contribute to a nuanced understanding of the challenges and opportunities presented by this legislation. The research explores the historical context and evolution of the Public Officers Protection Act, tracing its development and amendments over time. It then examines the Act's key provisions, including the scope of immunity, the exceptions to immunity, and the procedures for invoking immunity. The study also investigates the impact of the Act on various stakeholders, including public officers, citizens, and the judiciary. Furthermore, this research evaluates the effectiveness of the Public Officers Protection Act in achieving its intended objectives, including the promotion of good governance, accountability, and public trust. It identifies the strengths and weaknesses of the Act, highlighting areas for reform and improvement. The study's findings will inform policy and legislative reforms, ultimately contributing to the development of a more balanced and effective framework for public officers’ liability that promotes accountability, transparency, and good governance.
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2. Yabugbe v COP (1992) 4 NWLR (Pt 234) 152 (SC); Egbe v Adefarasin (n 1); Ekeogu v Aliri (1991) 3 NWLR (Pt 179) 258; Egbe v Alhaji (1990) 1 NWLR (Pt 128) 546 (SC); Emuze v VC, University of Benin (2003) 10 NWLR (Pt 828) 378 (SC); Candide-Johnson v Edigin (1990) 1 NWLR (Pt 129) 659 (CA); Ikonne v COP (1986) 4 NWLR (Pt 36) 473.
3. Ibrahim v Judicial Service Commission (1998) 14 NWLR (Pt 584) 1 (SC); Adigun v Ayinde (1993) 8 NWLR (Pt 313) 570 (SC).
4. Momoh v Okewale (1977) 11 NSCC 365.
5. (1975) NSCC 365. (Please provide case name for complete OSCOLA compliance.)
6. Okomu Oil Palm Co Ltd v Isherhienrhien (2001) 6 NWLR (Pt 710) 660 (SC); Eze v Okechukwu (2002) 18 NWLR (Pt 799) 348 (SC).
7. Public Officers Protection Act Cap C15, Laws of the Federation of Nigeria 2004.
8. E Malemi, Administrative Law (revised edn, Princeton and Associates Publishing Co Ltd) 626.
9. (1993) 6 NWLR (Pt 299) 344 (CA). (Case name required.)
10. ibid 360; Ntiero v Nigerian Ports Authority (2008) 10 NWLR (Pt 1094) 129 (SC).
11. E Malemi, Administrative Law (revised edn, Princeton and Associates Publishing Co Ltd) 628.
12. Yabugbe v COP (n 2) 152.
13. E Malemi, Administrative Law (revised edn, Princeton and Associates Publishing Co Ltd) 181.
14. Governor of Bendel State v Obayuwana (1983) 4 NCLR 96; Akpomudje v Governor of Delta State (2003) 9 NWLR (Pt 826) 561 (CA).
15. Dyson v Attorney General [1911] 1 KB 410; Igbe v Governor of Bendel State (1981) 1 NCLR 183.
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