The doctrine of compellability in the law of evidence addresses whether an individual can lawfully be required to appear before a court and testify. Under Nigerian law, the general position is that every person is both competent and compellable to give evidence, except in cases where specific legal provisions create an exception. Sections 175 to 178 of the Evidence Act 2011 set out the general rules governing competence and compellability. Consequently, unless a privilege or statutory immunity applies, any person may be summoned to testify or produce documents before the court.
Under the Evidence Act, 2011, certain persons cannot be compelled to give evidence in certain proceedings.
This article however focuses specifically on the compellability or otherwise of certain government officials to give evidence as witnesses in courts in Nigeria.
IMMUNITY OF SITTING PRESIDENTS, GOVERNORS AND THEIR VICE AND DEPUTIES
Section 308 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) grants immunity to the sitting president and state governors, including their vice and deputies. This section shields them from both criminal and civil proceedings while in office. Specifically, it states that:
No civil or criminal proceedings shall be instituted or continued against the President or a Governor during their tenure.
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