MRS. MATILDA ADERONKE DAIRO V UNION BANK OF NIGERIA PLC & ANOR
June 2, 2025CHEVRON NIGERIA LIMITED V LONESTAR DRILLING NIGERIA LIMITED
June 2, 2025Legalpedia Citation: (2007) Legalpedia (SC) 19071
In the Supreme Court of Nigeria
Fri Jul 13, 2007
Suit Number: SC. 313/2006
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P.N. NWOKEDI – JUSTICE, SUPREME COURT
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P.N. NWOKEDI – JUSTICE, SUPREME COURT
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PARTIES
GLOBAL EXCELLENCE COMMUNICATIONS LIMITEDMAYOR AKINPELU EJIRO RENE ADIGBOOGECHI UDI APPELLANTS
MR DONALD DUKE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Respondent sued the Appellants for libel following the publication in the Global Excellence Magazine under the caption GOV. DONALD DUKE IN MESSY CERTIFICATE SCANDAL. The Appellants raised a preliminary objection on the competence of the action and the jurisdiction of the court to entertain it.
HELD
The Apex Court held that the immunity conferred on public office holders under section 308 of the constitution does not bar them from instituting proceedings in courts of law while in office.
ISSUES
Whether the respondent, having regards to the absolute immunity conferred on him by the said section 308(1) of the 1999 Constitution has the right or liberty to institute or continue any civil action against any person(s) during his tenure of office as Governor of Cross River State.
RATIONES DECIDENDI
SCOPE OF IMMUNITY OF AVAILABLE TO A GOVERNOR OF A STATE
“The above provisions are as clear as crystal on the immunity available to the Governor of a state in civil and criminal suit that may be instituted against him. They did not state that the Governor (the respondent in this case) cannot sue; the provision of subsection (a) supra merely states that he cannot be sued. It will be definitely wrong to read between the lines and in the process smuggle matters which were not intended by the legislator into the provisions of section 308 of the Constitution supra.” Per A. M. MUKHTAR, JSC
CASES CITED
1. Chief Onabanjo v. Concord Press of Nigeria Ltd. (1981) 2 NCLR 3992. Tinubu v. I.M.B. Securities Plc (2001) 8 NWLR (Pt 740) 192 at 708 and 718
STATUTES REFERRED TO
1. The 1999 Constitution of the Federal Republic of Nigeria
