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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Immunity of an international organization from suit in Nigeria: a critical review of the African Re-Insurance Corporation decisions
Author:Olaniyan, Hakeem A.
Periodical:Journal of African and international law (ISSN 1821-620X)
Geographic term:Nigeria
Subjects:legal procedure
international organizations
access to justice
Abstract:Immunity from suit as it applies to States means that they cannot or should not as a general rule be sued in the courts of other States. The modern practice is to deny this immunity and permit suit against States whenever they have acted or are deemed to have acted in private capacity. Also a State is deemed to have waived its immunity if it enters into a contract selecting a foreign territory as the jurisdiction of litigation or enters into an agreement to submit arbitration in foreign territory. How should the general rule and its exemption play out if the immune entity is not a foreign State but an international organization? Should an international organization having its headquarters in Nigeria enjoy immunity from suit in Nigeria? This paper reviews the decision of the Nigerian Supreme Court and its Court of Appeal in three cases in the light of international and Nigerian municipal law and recommends a position for Nigeria on these and related issues. Notes, ref. [ASC Leiden abstract]