Can a governor be sued in Nigeria?

Published on: September 26, 2025 • Categories: Uncategorized

Post Table of Contents

Can a Governor Be Sued? Unpacking Executive Immunity in Nigeria

In Nigerian politics, the authority of a sitting State Governor is near-absolute, often sparking a crucial public debate: Can a Governor be personally hauled into a court of law while in office?

The quick answer is No, but with critical exceptions.

This legal shield, enshrined in the 1999 Constitution, is designed to ensure stability but is frequently criticized as a cloak for impunity. This post dissects the constitutional provision, explores real-world loopholes, and examines the relentless pressure for reform.

The Constitutional Fortress: Nigeria’s Iron-Clad Shield

The foundation of executive immunity in Nigeria is Section 308 of the 1999 Constitution (as amended). This clause grants comprehensive protection to the nation’s top leaders.

Who is Protected?

This immunity applies specifically to four principal officeholders:

The President
The Vice-President
The Governor
The Deputy Governor

What Protection is Granted?

Section 308 (Subsection 1) states that no civil or criminal proceedings shall be instituted or continued against any of these persons during their period of office.

The protection essentially shields them from:

Arrest or Imprisonment: For any reason, civil or criminal.
Personal Suit: They cannot be personally sued in any court.

The original intent of the framers was to allow these leaders to focus entirely on their executive duties without the constant distraction or threat of frivolous litigation that could paralyze governance. Critics, however, argue that this provision has become a “license for impunity,” enabling misconduct and financial recklessness.

Crucially, this protection ends the moment their tenure expires.

Navigating the Loophole: When the Shield Fails

The immunity granted by Section 308 is powerful, but it is not an ironclad bubble. Nigerian courts and legal precedents have carved out key exceptions that ensure accountability remains possible.

Exception	Description	Real-World Example
1. Election Petitions	Proceedings challenging the validity of the governor’s election (sui generis cases) are not barred by immunity.	In Alliance for Democracy v. Ayodele Fayose (2006), the Supreme Court confirmed that election challenges fall outside the scope of personal immunity.
2. Suing the Office	Citizens can sue the office of the Governor (the State Government) to challenge unconstitutional policies or state actions, but not the individual person.	The Federal Government’s 2024 Supreme Court suit against all 36 governors over local government autonomy targets the states’ Attorneys General, not the individuals.
3. Foreign Jurisdiction	Nigerian constitutional immunity stops at the country’s borders.	Former Governor Diepreye Alamieyeseigha was arrested in the UK in 2005 on money laundering charges while still a sitting governor.
4. Impeachment Proceedings	The State House of Assembly can initiate a process under Section 188 to remove a governor for “gross misconduct”. This is a legislative check, not a court suit.	The impeachment of Diepreye Alamieyeseigha (2005) and Ayo Fayose (2006) showcased this internal constitutional mechanism.

The Delayed Justice: Post-Tenure Prosecutions

The practical effect of Section 308 is often not the prevention of justice, but its delay. Once a governor’s term ends, the protective shield dissolves, and anti-corruption agencies are quick to act.

EFCC’s Watch List: The Economic and Financial Crimes Commission (EFCC) has a long history of prosecuting former governors. Once out of office, individuals like Lucky Igbinedion (Edo) faced charges and convictions.
Recent High-Profile Cases:
- Willie Obiano (Anambra): Faces an ongoing trial (as of 2024) for alleged $N 4$ billion fraud, with witnesses actively testifying against the former governor.
- Yahaya Bello (Kogi): Is currently battling EFCC charges over $N 80$ billion in alleged misappropriated funds following his tenure. The attempt by the EFCC to arrest him in 2024, and the intervention by his successor, highlighted the persistent challenge of enforcing the law even post-immunity.
Stalled Cases: The case of Orji Uzor Kalu (Abia), whose $N 7.1$ billion fraud conviction was dismissed on a technicality only for the Supreme Court to order a retrial in 2021, demonstrates how long the legal battle can drag on after a governor leaves office.

The Reform Cry: Stripping the Shield

The debate over Section 308 has intensified, particularly in light of Nigeria’s low ranking on the Transparency International’s Corruption Perceptions Index (145th in 2023).

Arguments for and Against

Pro-Immunity (Status Quo)	Anti-Immunity (Reform)
Focus on Governance: Prevents the disruption of state affairs by politically motivated, time-wasting lawsuits.	Fosters Impunity: Creates a window for officials to loot or commit crimes without immediate consequence.
Constitutional Stability: Analogous to limited immunity for leaders in other countries (e.g., the U.S. President).	Erodes Accountability: Delays justice, allowing accused officials to hide funds or leverage influence to stall prosecution.

The Move to Change

The calls for reform are gaining legislative momentum:

Legislative Action: In 2025, the House of Representatives passed the second reading of a bill seeking to limit immunity to only the President and completely remove it for the Vice President, Governors, and Deputy Governors.
Public Sentiment: Demands to end executive impunity were a core part of the #EndSARS protests in 2020, reflecting widespread public weariness with the perceived criminal misuse of the constitutional clause.

Final Takeaway

Can a sitting governor be sued in Nigeria? No, not personally, but the immunity is merely a temporary shield, not permanent absolution. The push for constitutional reform is a testament to the nation’s desire to prioritize immediate accountability over the perceived security of the office.

The power to decide the fate of Section 308 lies with the citizens: by demanding legislative change and supporting transparent leadership, Nigerians continue to shape the evolution of executive power and the rule of law.