LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Immunity of Governors – Continuation of Appeal by Governor – Whether Amounts to Continuation of Suit
PRINCIPLE STATEMENT
To allow the appellant, who is now the Executive Governor of Lagos State to further press on with his appeal is another way of continuing the suit before the lower court. This is more so when it is borne in mind that the appeal being pursued by the appellant is upon an interlocutory matter with the result that if the appeal succeeds, the appellant may still have to go back to the High Court.
RATIO DECIDENDI (SOURCE)
Per Oguntade, JCA, as approved in Tinubu v. I.M.B. Securities Plc (2001) NLC-322001(SC) at p. 12; Paras A–C.
"To allow the appellant, who is now the Executive Governor of Lagos State to further press on with his appeal is another way of continuing the suit before the lower court. This is more so when it is borne in mind that the appeal being pursued by the appellant is upon an interlocutory matter with the result that if the appeal succeeds, the appellant may still have to go back to the High Court."
EXPLANATION / SCOPE
A Governor continuing an appeal is a continuation of the suit, prohibited by Section 308. The prohibition on “continuing” proceedings includes appeals. If the appeal is interlocutory, success may still require return to trial court—this is continuing the suit indirectly. The immunity applies to all stages of litigation, including appellate review. The Governor cannot use appeal to maintain involvement in proceedings that would otherwise be stayed or struck out. The purpose of immunity—to prevent distraction from governance—applies equally to appeals. The court must stay or strike out the Governor’s appeal during tenure. The prohibition is comprehensive.
