Immunity (19)
HELD:
"Section 308 (1) (a) of the Constitution of the Federal Republic of Nigeria 1999 (1999 Constitution) envisages civil or criminal proceedings instituted or continued against a person occupying the office of Governor of a state, for example, during his period of office.
HELD:
"I have been able to avail myself of the High Court Laws, Vol. 2, of the Laws of Ogun State, 2006 and the Magistrate Courts Law, of the Vol. 3, Laws of Ogun State, 2006.
HELD:
"What is left is in regard to the vicarious liability of the Government, but the appellants have been met by that old and almost anachronistic legal phraseology that the King can do no wrong. The State (the King in England) has immunity at common law against being sued.
HELD:
"What is left is in regard to the vicarious liability of the Government, but the appellants have been met by that old and almost anachronistic legal phraseology that the King can do no wrong.
HELD:
"Section 308 (1) (a) of the Constitution of the Federal Republic of Nigeria 1999 (1999 Constitution) envisages civil or criminal proceedings instituted or continued against a person occupying the office of Governor of a state, for example, during his period of office.
HELD:
"May I add also, that the argument of learned senior counsel to the effect that the 1st respondent's immunity bars not only every civil or criminal proceeding against him, by reason of Section 308 of the Constitution, but even proceedings on appeal, against a suit instituted, if he chooses to institute one, as in this case, untenable with all due respect.
HELD:
"...I only want to go further to answer the question raised by Chief Ozekhome to the effect that the immunity against prosecution enjoyed by 1st respondent under Section 308 of the 1999 Constitution was so absolute that even this appeal of appellant against the case 1st respondent himself instituted and obtained judgment against appellant at the lower Court cannot be proceeded with and or continued as it is incompetent.
HELD:
''Section 308 above is not meant to deny a citizen of this country his right of access to the court. It is a provision put in place to enable a Governor, while in office, to conduct the affairs of governance free from hindrance, embarrassment and the difficulty which may arise if he is being constantly pursued and harassed with court processes of a civil or criminal nature while in office. It is a provision designed to protect the dignity of the office.'' RT. HON. ROTIMI CHIBUIKE AMAECHI V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS(2008) LPELR-446(SC)Per Oguntade J.S.C.
FACTS: