UNITED BANK FOR AFRICA PLC & ANOR V ALHAJI BABANGIDA JARGABA
June 3, 2025FORESTRY RESEARCH INSTITUTE OF NIGERIA V MR. I.A. ENAIFOGHE GOLD
June 3, 2025Legalpedia Citation: (2007-05) Legalpedia 81499 (SC)
In the Supreme Court of Nigeria
Abuja
Fri May 11, 2007
Suit Number: SC.259/2002
CORAM
KALGO JUSTICE, SUPREME COURT
AKINTAN JUSTICE, SUPREME COURT
MUKHTAR JUSTICE, SUPREME COURT
ONNOGHEN JUSTICE, SUPREME COURT
TABAI JUSTICE, SUPREME COUR
PARTIES
AFRICAN REINSURANCE CORPORATION
APPELLANTS
J.D.P. CONSTRUCTION NIG. LTD
RESPONDENTS
AREA(S) OF LAW
INTERNATIONAL LAW-DIPLOMATIC IMMUNITY LAW OF CONTRACT
SUMMARY OF FACTS
The Appellant contracted with the respondent for the construction of its head office at Victoria Island. The Respondent completed the construction which the Appellant refused to pay the refection money and other claims totaling 8/3 755,618.85.
When served the appellant raised diplomatic immunity which was dismissed up to the Supreme Court.
HELD
The court held that the concept of diplomatic immunity only applies to governmental acts, servants and properties and does not extend the matters of trade.
ISSUES
(i) Whether the appellant by virtue of the Diplomatic Immunities Priviledge Act (African Reinsurance Corporation) order 1985 has diplomatic immunity.
(ii) Whether the appellant having waived its diplomatic immunity it can turn around to claim diplomatic immunity in respect of a commercial transaction .
(iii) Consent judgment- whether leave of court is necessary to appeal against same.
RATIONES DECIDENDI
RATIONALE BEHIND DIPLOMATIC IMMUNITY
‘The idea of diplomatic immunity was developed from one of the consequences of state equality rule-that no state can claim jurisdiction over another.’
SCOPE OF IMMUNITY
‘Immunity is no longer granted to a foreign state in respect of acts which are not governmental’
CASES CITED
1. Adeyemi vs The State (1991) 1 NWLR 679
2. African Reinsurance Corporation vs. fandaye (1986) 2 NSCC 884
3. Lawal vs. Dawodu (1972) 1 ALL NLR 707.
STATUTES REFERRED TO
