IMMUNITY CLAUSE AND HRH SANUSI'S NEW OFFICE

Congratulation to his HRH Sanusi Lamido Sanusi on his appointment as the Emir of Kano State, Nigeria may your reign be peaceful.

There has been several questions unanswered since the news broke, whether this will bring an end to all the charges of misappropriation of public funds brought against you, if this will prevent the Financial Reporting Council of Nigeria from pressing further and if your new position falls under the category of those protected by the Immunity clause in the Nigerian constitution.

Section 308 of the 1999 Constitution Federal Republic of Nigeria provide thus;

(1)    Notwithstanding anything to the contrary in this constitution, but subject to subsection(2) of this section

(a)    No civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during this period of office;

(b)    A person whom this section applies shall not be arrested or imprisoned during that period either on  arrested or imprisoned during that period either on pursuance of the process of any court or otherwise, and no

(c)    No process of any court requiring or compelling the appearance of this person to whom this section applies, shall be applied for or issued.................

(2)    The provision 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

(3)     This section applies to a person holding the office of the President, 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 the perform the functions of the office.

From the provision of the CFRN we have seen that the post of an Emir, Oba or local chiefs is not covered by the immunity clause. We shall be looking at the Chieftaincy law and several decided cases to know what privilege is accorded to the office of an emir and if HRH Sanusi Lamido Sanusi’s new appointment will not bring ridicule to this highly respected traditional office if the charges are further pressed against him.

The notion of a traditional tribal chief is the leader of a tribe, or head of a tribal self government known to the indigenous people from ages. In Northern Nigeria the title of some Muslim traditional rulers is the Arabic transliteration of ‘amir’ to the English spelling of ‘emir’ or a corruption such as lamido, sometimes used in addition to a native title.

The Rule of LAW is the maxim rex non debit esse sub homine,sedsub deo et sut lege,quia lex facit regem meaning that  the king ought to be under no man, but under God and the law, because the law makes a man. Therefore from this maxim of the rule of law, HRH is still under the law and he can be called upon to answer the charges against him.

In M.A Eleso V. Government of Ogun state & ors (1990) 2NWLR (PT133), Alhaji Arowolo V. Akapo& ors (2004) All FWLR (pt208)807 the plaintiffs in these cases were said to have the locus standi to institute an action again the chiefs,this same law is applicable to Obas,Emirs and  chiefs.

Law is no respecter of anyone.

Thank you.

                                   

Oyenike Alliyu-Adebiyi LLB(hons)BL