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Periodical article | Leiden University catalogue | WorldCat |
Title: | The Successive Demise of the Doctrine of State Immunity from Tort Liability: A Comparative Appraisal with Emphasis on the Nigerian Experience |
Author: | Ogunniran, H. |
Year: | 1992 |
Periodical: | African Journal of International and Comparative Law |
Volume: | 4 |
Pages: | 369-394 |
Language: | English |
Geographic term: | Nigeria |
Subjects: | State liability Law, Human Rights and Violence |
External link: | https://heinonline.org/HOL/Page?handle=hein.journals/afjincol4&id=381&collection=journals&index=journals/afjincol |
Abstract: | This paper critically evaluates Nigeria's experience with the doctrine of State immunity against the background of the approach of some other jurisdictions. A survey of the historical background of the doctrine of State immunity in England, the source of Nigeria's legal system, is followed by a discussion of the transplantation of the doctrine to the former British colonies. Next, the demise of the doctrine is analysed from the perspectives of the common law (UK, USA) and civil law (Germany, France) systems. Against this background, the Nigerian experience is discussed and, on the basis of the case of Ransome-Kuti (1977), it is shown that the Nigerian legislature has been slow to abandon the doctrine of State immunity. Despite the attention and criticism provoked by the Ransome-Kuti case, the question of State immunity has not been treated with the attention it deserves. The 1989 Constitution, in a bid to put the matter beyond dispute, added the clause 'accordingly, the doctrine of State immunity shall no longer be applicable'. It is arguable, however, that this clause will be of little significance. What is needed is a comprehensive statutory framework making the government at all levels liable in tort as if it were a private person of full capacity. Notes, ref. |