Table of Contents
Section 308 (1)
Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section –
(Despite anything which may be contrary to what has been stated in the 1999 Constitution concerning immunity of the office of the President, Vice President, Governor and Deputy to be sued but also subject to the provision of sub section (2) of this section 308; )
Section 308 (1)(a)
(a) no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office;
(Basically, a person who is a Governor/Deputy Governor or President/ Vice President (that has not put in his notice of resignation) has immunity from civil or criminal proceedings for the period of his tenure.)
Section 308 (1)(b)
a person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise; and
(A person who is a serving Governor/Deputy Governor or President/Vice President cannot be arrested or imprisoned either legally or illegally, during his tenure in office because of immunity.)
Section 308 (1)(c)
no process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued:
(It is illegal to apply for or issue a court process demanding the appearance in Court for a Governor/Deputy Governor or President/Vice President during their tenure because of immunity.)
Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office.
(However, if any civil or criminal proceeding is to be brought after the tenure of the President/Vice President or Governor/Deputy Governor & a limitation period applies, the period in office will not be calculated in the limitation period. (Basically, if a person commits a civil wrong or a crime & there is a period within which the case can be brought & such a person becomes a Governor/Deputy Governor or President/Vice President, the time will stop counting during their tenure and resume after the tenure expires.)
Section 308 (2)
The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a
nominal party.
(The immunity from prosecution does not apply to official functions of the Governor/Deputy Governor or President/Vice President. (In essence, the office is being sued, not the occupier of the office.)
Section 308 (3)
This section applies to a person holding the office of President or Vice-President, Governor or Deputy Governor; and the reference in this section to “period of office” is a reference to the period during which the person holding such office is required to perform the functions of the office.
(This section that deals with the immunity of a Governor/Deputy Governor or President/Vice President about being sued is limited to the time they are in office. That means the immunity only covers the period that they are serving in their official capacity and ends once that period is over.)
Section 309
Notwithstanding the provisions of Chapter III of this Constitution but subject to section 28 thereof, any person who became a citizen of Nigeria by birth, registration or naturalisation under the provisions of any other Constitution shall continue to be a citizen of Nigeria under this Constitution.
(Basically Section 28 of this Constitution says that a person loses his Nigerian citizenship if he acquires any other citizenship apart from a country where he is a citizen by birth which is essentially dual citizenship. In essence, any person who became a citizen of Nigeria either by birth or registration or naturalisation under any other Constitution of Nigeria shall continue to be a citizen of Nigeria under this Constitution.)
