GLOBAL EXCELLENCE COMMUNICATIONS LIMITED & 3 ORS V MR. DONALD DUKE

CORAM

TOBI

P.N. NWOKEDI – JUSTICE, SUPREME COURT

TOBI

P.N. NWOKEDI – JUSTICE, SUPREME COURT

TOBI

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