Admin l Friday, March 13, 2020
ABUJA, Nigeria – The issue of immunity has once again surfaced in Nigeria, this time its suspension from the 1999 Constitution of the Federal Republic of Nigeria. The current constitution confers immunity on the President, Vice President and Governors and their deputies (Executives) in the process leaving the other two arms, Legislature and the Judiciary at the mercy of the Executive.
This move, which is long overdue will put everybody ( all the three arms, Executive, Legislature and the Judiciary) on equal pedestal before the law.
This followed the submission of a Bill to repeal the section that confers this immunity. Titled: “A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to qualify criminal liability for certain public officers under Section 308” sponsored by the Deputy Senate President, Ovie Omo-Agege, from Delta State.
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“This act provides for qualification of the immunity clause to exclude immunity for Public Officers referred to in Section 308 from criminal liability where the offence involves misappropriation of funds belonging to the Federal, State or Local Government and also the use of thugs to foment violence.”
The proposed Bill provides that a President, Vice President, Governors and Deputy Governors shall lose their immunity if they are investigated by security and anti-graft agencies, including the courts.
The Bill said in part that: “Section 308 of the Principal Act is altered by (a) Substituting for subsection (2), a new subsection “(2)” –
“(2) The provisions of subsection (1) of this section shall not apply –
“(a) to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party; and
“(b) to persons who hold the office of Vice-President, Governor or Deputy Governor, if it is determined either by the Economic Financial Crimes Commission, Independent Corrupt Practices Commission, Nigerian Police and State Security Service through a collaborative investigation that the said person is indicted by a court of competent jurisdiction for:
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“(i) Financial misappropriation of funds belonging to the Federal, State or Local Government; or
“(ii) Sponsoring of thugs to perpetrate violence that cause injury or death of political opponent, a member of his family, agent or personal representative.”
In the current constitution, the Executives cannot be prosecuted once sworn into office even if the officer commits constitutional infraction but on expiration of their tenure.
