LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Immunity of Governors – Meaning of “Continued”
PRINCIPLE STATEMENT
The ordinary plain dictionary meaning of the word 'continue' is 'maintain', 'keep up', 'not cease', 'resume', 'prolong', 'remain'. The expression 'continued' is the antonym of the word 'discontinue'. What gives the expression force is the peremptory word 'shall' with the negative 'not'. Both of which prohibit continuance.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Tinubu v. I.M.B. Securities Plc (2001) NLC-322001(SC) at p. 38; Paras A–B.
"The ordinary plain dictionary meaning of the word 'continue' is 'maintain', 'keep up', 'not cease', 'resume', 'prolong', 'remain'. The expression 'continued' is the antonym of the word 'discontinue'. What gives the expression force is the peremptory word 'shall' with the negative 'not'. Both of which prohibit continuance."
EXPLANATION / SCOPE
“Continued” in Section 308 means maintain, keep up, not cease, resume, prolong, or remain. It is the antonym of “discontinue.” The word “shall” with “not” makes the prohibition peremptory. The plain dictionary meaning governs. The provision prohibits any form of ongoing proceedings against a Governor—including appeals, motions, and ancillary applications. The prohibition covers all stages of litigation, not just trial. The immunity requires complete cessation of proceedings against the Governor during tenure. Any act that keeps the proceedings alive or resumes them violates the prohibition. The court must ensure complete discontinuance as against the Governor.