CONSTITUTIONAL LAW — Immunity of Public Officers — Governor’s Right to Sue — Section 308 Does Not Create Disability
Principle Statement
I am unable to construe a provision of the Constitution that granted an immunity such as section 308(1) as also constituting a disability on the person granted immunity when there is no provision to that effect, either expressly or by necessary implication in the enactment. If makers of the Constitution had wanted to prohibit a person holding the offices stated in section 308 from instituting or continuing action instituted against any other person during his period of office, nothing would have been easier than to provide expressly.
Ratio Decidendi (Source)
Per Ayoola, JSC (as adopted by Onnoghen, JSC), in Tinubu v. I.M.B. Securities PLC (2001) cited in Global Excellence Communication Limited & Ors v. Duke (2007) NLC-123-313-2006(SC) at pp. 11–12; Paras E–A.
"I am unable to construe a provision of the Constitution that granted an immunity such as section 308(1) as also constituting a disability on the person granted immunity when there is no provision to that effect, either expressly or by necessary implication in the enactment. If makers of the Constitution had wanted to prohibit a person holding the offices stated in section 308 from instituting or continuing action instituted against any other person during his period of office, nothing would have been easier than to provide expressly."
Explanation / Scope
Section 308 immunity does not impose a disability on the office holder. The provision protects the office holder from being sued; it does not prevent them from suing others. If the framers of the Constitution had intended to restrict the right of office holders to sue, they would have expressly stated so. The court will not imply such a disability.
