When Can Immunity Be Waived By President/Vice-President Or Governor/Deputy-Governor In Nigeria? Daily Law Tips (Tip 424) by Onyekachi Umah, Esq., LLM. ACIArb(UK).
The affairs of NIGERIA and the conducts of all public officers are regulated by the Constitution of the Federal Republic of Nigeria. The duties and rights created by the constitution are sacrosanct, mandatory and unchallengeable because the constitution is supreme to all persons, officers, governments, nations, religions and conventions.
By the constitution, any person elected to the office of President or Vice-President of Nigeria or elected to office of Governor or Deputy-Governor of any State in Nigeria, is blessed and shielded with immunity from being sued in any civil or criminal action. Also, such person cannot be arrested, imprisoned or even served with any court process(document). Such immunity lasts all through the tenure of the office of such person.
More importantly, the immunity is a constitutional provision and as such is mandatory, irrevocable, unchallengeable and cannot be waived by any court, government or person, including the person vested and enjoying such rights. Hence, at no time, place or circumstance can executive immunity of President, Vice-President, Governor or Deputy-Governor be waived or revoked.
Note that, while such executive office holders enjoy immunity from being sued in any law suit during their tenure, they have rights to sue any person/persons. Simply put, that by their immunity, they cannot be sued but they can sue. However, a person with immunity can be investigated so far such investigations will not involve detention and service of court processes (documents).
References;
1. Sections 308 the Constitution of the Federal Republic of Nigeria, 1999.
2. The Supreme Court decisions in the following cases:
3. MOHAMMED ABACHA v. FEDERAL REPUBLIC OF NIGERIA(1986) LPELR-214(SC) (2014) LPELR-22014(SC)
4. ALI V. ALBISHIR (2008) ALL FWLR (PT.415) 1681 AT 1710, PARAS. A-B, B-E
5. BOLA TINIBU VS. I.M.B. SECURITIES PLC (2001) LPELR-SC.32/2001 OR (2001) 16 NWLR (PT. 740) 670 OR (2001) 9 -10 S.C 49.
6. CHIEF GANI FAWEHINMI V. INSPECTOR-GENERAL OF POLICE & ORS (2002) LPELR-SC.201/2000 or (2002) 7 NWLR (Pt.767) 606 or (2002) 5 S.C (Pt.I) 63
7. GLOBAL EXCELLENCE COMMUNICATIONS LIMITED & ORS V. MR. DONALD DUKE or (2007) 16 NWLR (Pt.1059) 22 or (2007) 7 S.C. (Pt II) 162
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Feel free to reach the author, ask questions or make inquiries on this topic or any other legal issues via onyekachi.umah@gmail.com or +2348037665878.
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