African Reinsurance Corporation v. J.D.P. Construction Nigeria Ltd

A private company, J.D.P. Construction Nigeria Ltd, filed a legal action before the Lagos High Court against the African Reinsurance Corporation, an international organization created by 36 Member States of the Organization of the African Unity. The dispute concerned the execution of a contract concluded between the private company and the organization. The High Court exercise its jurisdiction and adjudicated the case.

The respondent organization acted on appeal before the Nigerian Supreme Court, claiming that it enjoys “diplomatic immunity” under the Diplomatic Immunities Privileges (African Reinsurance Corporation) Order 1985. In other words, the organization invoked an absolute immunity from any kind of legal process.

 The Supreme Court dismissed the appeal. In particular, it observed that while the host States confers on it certain immunities usually enjoyed by States, the immunity from Nigerian jurisdiction granted to it under the Order specifically excludes its commercial activities.  In the instant case, the facts related to commercial activities.