CONSTITUTIONAL LAW ā Immunity of Public Officers ā Governor’s Immunity from Suit ā Whether Immunity Precludes Governor from Suing in Personal Capacity
Principle Statement
The prohibition contained in section 308 of the 1999 Constitution is rather against other parties and for the benefit of the respondent and others mentioned therein particularly during the period they occupy the relevant offices. I hold the considered view that to hold otherwise or agree with the proposition of learned counsel for the appellants would amount to the court reading into section 308 of the 1999 Constitution words that are not therein contained thereby, in effect, amending the said provision, which would be outside the Constitutional province of the courts of law.
Ratio Decidendi (Source)
Per Onnoghen, JSC, in Global Excellence Communication Limited & Ors v. Duke (2007) NLC-123-313-2006(SC) at pp. 10ā11; Paras DāE.
"The prohibition contained in section 308 of the 1999 Constitution is rather against other parties and for the benefit of the respondent and others mentioned therein particularly during the period they occupy the relevant offices. I hold the considered view that to hold otherwise or agree with the proposition of learned counsel for the appellants would amount to the court reading into section 308 of the 1999 Constitution words that are not therein contained thereby, in effect, amending the said provision, which would be outside the Constitutional province of the courts of law."
Explanation / Scope
Section 308 of the Constitution grants immunity to certain public officers from legal proceedings during their tenure. This immunity is for the benefit of the office holder and protects them from being sued. However, it does not prevent the office holder from instituting legal proceedings in their personal capacity. The immunity does not create a disability; it is a shield, not a sword.
