Nigeria: State immunity in arbitration—restrictive doctrine, commercial waivers, enforcement constraints, protected assets and pre-action notice requirements
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State immunity under Nigerian Law
Nigerian statutes contain no blanket protection insulating the state from being sued, and they likewise do not establish a bar preventing the federation, the states, or foreign governments from asserting immunity within Nigeria. Even so, targeted laws exist that shelter specified state assets from execution to satisfy court judgments or arbitral awards.
When considering claims of immunity by foreign state bodies, Nigerian courts have generally applied a restrictive reading. Although diplomatic immunity for foreign governments and their officials is acknowledged under the Constitution and the Diplomatic Immunities and Privileges Act 2010, foreign states can still be proceeded against in Nigerian courts in defined circumstances.
In African Re-insurance Corporation v Fantaye (1986) LPELR – 214 (SC) (not reported by LexisNexis®), the Supreme Court remarked that the common law position of the English courts treated foreign sovereigns as immune from jurisdiction, save where the sovereign accepted the court’s authority; accordingly, sovereign or diplomatic immunity is capable of waiver. In endorsing the principles of waiver and submission to jurisdiction, the Court...
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Web page updated on 21/05/2026
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