CONSTITUTIONAL LAW — Immunity of Public Officers — Section 308 of 1999 Constitution — Applicability to Election-Related Proceedings
Principle Statement
The provisions of section 308 of the 1999 Constitution do not protect a President or Governor from legal proceedings in a matter of his election per se or in a matter connected therewith even when he has been, as a contestant, declared duly elected and sworn in as such. The reason for that is that election petitions and election related proceedings are really special proceedings distinct from civil or criminal proceedings which fall within the province of the said section 308 of the 1999 Constitution.
Ratio Decidendi (Source)
Per ONNOGHEN, JSC, in Hassan v. Aliyu & Ors (2010) NLC-123-170-2009(SC) at p. 27; Paras B-D.
"The provisions of section 308 of the 1999 Constitution do not protect a President or Governor from legal proceedings in a matter of his election per se or in a matter connected therewith even when he has been, as a contestant, declared duly elected and sworn in as such. The reason for that is that election petitions and election related proceedings are really special proceedings distinct from civil or criminal proceedings which fall within the province of the said section 308 of the 1999 Constitution."
Explanation / Scope
This principle establishes that Section 308 of the Constitution does not protect a Governor from election-related proceedings. Election petitions and related matters are special proceedings distinct from civil or criminal proceedings covered by the immunity provision. The principle applies where a Governor’s immunity is invoked in election matters. It ensures that election disputes can be resolved despite immunity. The principle reflects that immunity does not shield public officers from electoral accountability. The court must distinguish election matters from other proceedings. The principle provides guidance on the scope of immunity under Section 308.
