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2023 Revised Edition
Contents

Chapter VII · The Executive

35. Immunity of President from suit

Unofficial copy, with amendments up to 31 Oct 2022. Later amendments are not included. Check the official text before you rely on it.

30[(1) While any person holds office as President, no proceedings shall be instituted or continued against him in any court or tribunal in respect of anything done or omitted to be done by him either in his official or private capacity:

Provided that nothing in this paragraph shall be read and construed as restricting the right of any person to make an application under Article 126 against the

Attorney-General, in respect of anything done or omitted to be done by the President, in his official capacity:

Provided further that the Supreme Court shall have no jurisdiction to pronounce upon the exercise of the powers of the President under paragraph (g) of Article 33.

(2)

Where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the period of time during which such person holds the office of President shall not 30 - Substituted by the Twentieth Amendment to the Constitution Sec. 5.

be taken into account in calculating the period of time prescribed by that law.

(3)

The immunity conferred by the provisions of paragraph (1) of this Article shall not apply to any proceedings in any court in relation to the exercise of any power pertaining to any subject or function assigned to the

President or remaining in his charge under paragraph (2)

of Article 44 or to proceedings in the Supreme Court under paragraph (2) of Article 129 or to proceedings in the Supreme Court under Article 130(a) relating to the election of the President or the validity of a referendum or to proceedings in the Court of Appeal under Article 144

or in the Supreme Court, relating to the election of a

Member of Parliament:

Provided that any such proceedings in relation to the exercise of any power pertaining to any such subject or function shall be instituted against the

Attorney-General.]

Chapter VIIA

The Constitutional Council

Chapter VIII

The Executive

Chapter IX

The Executive

Chapter X

The Legislature

Chapter XI

The Legislature

Chapter XII

The Legislature

Chapter XIII

The Referendum

Chapter XIV

The Franchise and Elections

Chapter XIVA

Election Commission

Chapter XV

The Judiciary

Chapter XVA

Judicial Service Commission

Chapter XVI

The Superior Courts

Chapter XVII

Finance

Chapter XVIIA

146[CHAPTER XVII a

Chapter XVIII

Public Security

Chapter XVIIIA

National Police Commission

Chapter XIX

The Parliamentary Commissioner for Administration

Chapter XIXA

Commission to Investigate Allegations of Bribery or Corruption

Chapter XIXB

National Procurement Commission

Chapter XX

General

Chapter XXI

Transitional Provisions

Chapter XXII

Interpretation

Chapter XXIII

Repeal

Chapter XXIV

Promulgation of the Constitution

Schedules