Immunity Flashcards
Black’s Law Dictionary
Freedom from a duty, penalty or liability to which others are subject.
Tinubu v. IMB Securities
“Exemption”
Section 308- immunity
President, Vice- President, governor and deputy Governor
308(1) explains scope
A
No one can start or continue a civil lawsuit or criminal case while they’re in office
B
They cannot be arrested or jailed while they’re in office
C
A court cannot compel these officials to be part of legal processes
Time limits?
They pause when they assume office. For Justice
308(2)
They only have immunity concerning their personal life.
Exception
You’re a nominal party(not your wrong doing)
In official capacity
Shugaba v. Minister of Internal Affairs
Deportation of citizens was challenged
Relied on section 308
Bola Tinubu v. IMB Securities
Personal capacity will be paused until he left office
Alliance for Democracy v. Fayose
Elections petitions aren’t covered by 308
Gani Fawehinmi v. Inspector General of Police
People can be investigated while in the sit of powers. Either by arms, or government agencies
Investigations can’t be stopped under the guise of civil/criminal proceedings.
177
182
191
188
Qualification for state governorship
Disqualification
Executive officers must be held by elected members
Impeachment