LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Immunity of Governors – Waiver of Constitutional Immunity – Whether Permissible
PRINCIPLE STATEMENT
The immunity granted to the incumbent of the relevant office under section 308(1)(a) of the Constitution prescribes an absolute prohibition on the courts from entertaining any proceedings, civil or criminal, in respect of any claim or relief against a person to whom that section of the Constitution applies during the period he holds such office. No question of waiver of the relevant immunity by the incumbent of the offices concerned or, indeed, by the courts may therefore arise.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Tinubu v. I.M.B. Securities Plc (2001) NLC-322001(SC) at p. 15; Paras C–D.
"The immunity granted to the incumbent of the relevant office under section 308(1)(a) of the Constitution prescribes an absolute prohibition on the courts from entertaining any proceedings, civil or criminal, in respect of any claim or relief against a person to whom that section of the Constitution applies during the period he holds such office. No question of waiver of the relevant immunity by the incumbent of the offices concerned or, indeed, by the courts may therefore arise."
EXPLANATION / SCOPE
Constitutional immunity under Section 308 cannot be waived. The prohibition on courts entertaining proceedings is absolute. Neither the officeholder nor the court can waive the immunity. The provision is not for the officeholder’s personal benefit alone—it serves the public interest in uninterrupted governance. Waiver is impossible because the court lacks jurisdiction regardless of consent. The immunity is a constitutional limitation on judicial power. Any proceeding against a Governor during tenure is incompetent, even if the Governor consents. The courts cannot acquire jurisdiction by waiver. The provision is mandatory, not discretionary. The immunity expires only after leaving office.
