LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Immunity of Governors – Civil Proceedings Against Governor – Prohibition on Continuation of Suits During Tenure
PRINCIPLE STATEMENT
No civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Tinubu v. I.M.B. Securities Plc (2001) NLC-322001(SC) at p. 13; Para A.
"No civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office."
EXPLANATION / SCOPE
Section 308 of the Constitution prohibits instituting or continuing civil or criminal proceedings against a Governor during tenure. The prohibition is absolute—no proceedings can be initiated or maintained. This includes pending proceedings; they cannot be continued. The immunity is personal to the officeholder and lasts only during tenure. The purpose is to protect the Governor from distraction while performing executive functions. The prohibition applies to all courts. Proceedings against the Governor are incompetent during office. The proper order is to strike out or stay the action against the Governor until after tenure. The immunity cannot be waived.
