Diplomatic Immunity

The immunity, however, does not extend or cover the period immediately after leaving office neither does it extend to include his family members during and after the period of his incumbency.It follows therefore that even if General Sani Abacha was to be alive the immunity he enjoyed under the law and Constitution is personal to him and limited to his period of office as he can be proceeded against immediately he left office for offences committed while occupying the office of Head of State. His immunity, however, would not, in any circumstance cover his son, the appellant in this case so the argument to the contrary is clearly misconceived and without legal foundation. See sections 267 of the Constitution of the Federal Republic of Nigeria, 1979 or section 308 of the Constitution of the Federal Republic of Nigeria, 1999.

There is certainly no doubt that the appellant is the person who is charged with various offences of alleged crimes committed against the State. He is entitled to make a "no case submission" after the prosecution would have closed its case and he is called upon to put up his defence if he has any. The appellant's father is not on trial at all. It is true that the Constitution confers absolute immunity on the President, Vice President, Governor and Deputy Governor in respect of civil or criminal matters during their tenure in office. See; Section 308 of the 1999 Constitution. Indeed, the provision clearly suspends the right of action or the right to judicial relief of an aggrieved party during the tenure of office of the officials mentioned therein. The immunity does not extend beyond the tenure in office, after which the official shall be liable to face trial. See; Alhaji Jibrin Bala Hassan Vs. Dr. Babangida Aliyu & Ors (2010) 17 NWLR (Pt.1223) 547; (2010) 11 SCM 59 Global Excellence Comm. Ltd. & Ors vs Duke (2007) NWLR (Pt.1059) 22; (2007) 12 SCM (Pt. 2) 324; Tinubu Vs. I.M.B. Securities Plc (2001) 16 NWLR (Pt.740) 670; (2001) 12 SCM 73.