LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Immunity Provisions — Section 308(1)(b) — Interpretation of ‘Otherwise’ — Ejusdem Generis Rule
PRINCIPLE STATEMENT
The word 'otherwise' in Section 308(1)(b) of the 1999 Constitution refers to any lawful process or command having the same effect as a process of court, applying the ejusdem generis rule.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Fawehinmi v. IGP & Ors (2002) NLC-2012000(SC) at pp. 21–22; Paras A–B.
"Section 308 (1)(b) of the 1999 Constitution says that 'a person to whom this section applies shall not be arrested or imprisoned during (his period of office) either in pursuance of the process of any court or otherwise.' The bone of contention is what the word 'otherwise' refers to. The word can mean no more than 'any lawful process or command' which has the same effect as a 'process of any court.' It must be ejusdem generis an enforceable process, command or order meant to be obeyed. Ejusdem generis rule helps to confine the construction of general words within the genus of special words which they follow in a statutory provision or in a document."
EXPLANATION / SCOPE
The ejusdem generis rule applies to interpret the word ‘otherwise’ in Section 308(1)(b). ‘Otherwise’ refers to processes or commands of the same kind as a court process. The rule prevents the word from being given an unlimited meaning. The interpretation must be consistent with the specific words preceding it. The principle ensures that the immunity provision is not expansively construed. The protected person is only immune from arrest or imprisonment under court process or equivalent legal commands. The rule applies to constitutional interpretation. The court will not extend immunity beyond the intended scope. The principle promotes narrow construction of immunity provisions.
