“The Ministry of Finance hereby waives whatever defence it may have of sovereign immunity for itself or its property.” Soverignimmunity InternationalLaw Contracts InternationalContracts
immunity in the 2018 rail construction contract executed between the Federal Government of Nigeria and the Export-Import Bank of China. This piece seeks to clarify the issues surrounding the controversy.
From the definition in Nevada vs. Hall, supra and the dictum in United States vs. McLemore, supra, therefore, sovereign immunity implies a sovereign State either invoking its sovereignty in order to escape from its legal obligations; or deciding to waive such immunity as an indication of its willingness to permit breach of such legal obligations to be tested in the law courts for judicial determination.
The US version of this Act is the Foreign Immunities Act of 1976; and section 1605 is similar to the above section. Nigeria, unfortunately, has no such law. Similarly, the waiver of immunity clause in Sabah Shipyard vs. Pakistan EWCA Civ. 1642 was to the effect that the defendant waived: Any right of immunity which it or any of its assets… now has or may in the future have in any jurisdiction… and… consents generally in respect of the enforcement of any judgment against it….
The 65th session of the United Nations General Assembly, in a bid to stem the rising embarrassment foisted on the international community by willy-nilly breaches of international obligations and the blocking of legal or judicial remedies in the name of sovereign or state immunity, adopted the UN Convention on Jurisdictional Immunities of States and their Property, 2004.
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