Politics
Immunity Clause And Nigeria’s Democracy
Since Nigeria returned to democratic rule in 1999, one of the most debated issues is the immunity clause in the country’s constitution. Contained in Section 308 of the 1999 Constitution, it shields the President, Vice President, governors and their deputies from all civil and criminal proceedings against their persons for the duration of their time in office.
This means that as long as they are in office, no civil or criminal suit can be brought against their persons. They can only be tried either at the expiration of their terms in office, or if they are impeached by the National Assembly or their state House of Assembly, according to the laid-down guidelines in the Constitution (Section 143 for the President and Vice-President; section 188 for governors and deputy-governors).
The contention has always been whether the immunity clause should be retained, modified or totally expunged in the constitution in order to put the country’s democracy on track.
Until 2007, virtually all public office holders were in support of its retention. Their reason being that anything otherwise would drastically affect Nigeria’s nascent democracy, because, according to them, such public office holders will be more pre-occupied with numerous frivolous suits in court than their statutory roles, which is governance.
On the other hand, proponents of its abrogation argue that immunity encourages corruption and therefore gives room for bad leadership. Their position is given credence by the current numerous allegations against some of the country’s former Heads of State and Governors.
Interestingly, it was the late Nigerian president, Umaru Musa Yar’Adua who, as a serving President, first took a different stand in far away Davos, Switzerland upon his emergence as President in 2007 when he said “nobody in Nigeria deserves the right to be protected by law when looting public funds”. He went further to argue that the immunity granted public office holders breeds corruption.
Since then, others have also toed the same line of argument. For instance, Alhaji Ibrahim Shekarau, the Governor of Kano State has also thrown his weight behind the abrogation of the immunity clause.
A group, Champions for Nigeria (CFN), had also followed suit. The group had gone ahead to forward a petition to the National Assembly on the need to amend Section 308 of the Constitution. They reeled out countries that jettisoned the idea of immunity for their elected leaders. All arguments on this divide point to one direction, which is “immunity promotes corruption”
It is in this light that many view the current bill seeking to accord immunity to lawmakers at both the federal and state levels. It has thus once again brought to the fore salient points regarding the immunity clause.
Sponsored by a member of the House of Representatives, Mr. Ali Ahmed (PDP – Kwara), the bill, which has passed through second reading, seeks to amend Section 4(8) of the 1999 Constitution as amended.
According to the bill, verbal or written comments made by lawmakers in the course of legislative duties will not be questioned in any court of law.
The argument against this bill is that, with such proposition coming at this point in Nigeria’s democracy, which has recorded such astronomical development in terms of awareness, it can only portend danger.
A legal practitioner, Mr Maxwell Opara was quoted as saying that the motive behind the bill is questionable. According to him, “Legislative immunity is not healthy for our democracy at this point in time; it is being pursued in bad faith”.
He explained that there had never been any case of a legislator being arrested or charged to court over his comments on the floor of the House. This is further buttressed by the argument that the legislators do not need such immunity because lawmakers are not liable for their utterances at plenary and at committee sittings.
It is, in fact, noted that legislative immunity is a universal convention, applicable in every democracy; that every issue in the House is a parliamentary one, hence “the rights and privileges of what you say in the House begins and ends there”.
The question, therefore, is “why the lawmakers should be pursuing their immunity at this time when many Nigerians are clamouring for the removal of the already existing immunity clause, given its apparent protection of corrupt officers?”
Many are asking if Nigeria’s democracy is still nascent; so much that facing her economic problems squarely (which is a determinant of its ability to resolve other problems) should continually be sacrificed for a few individuals privileged to be at the helm of affairs?
If so, at which point will Nigeria’s democracy be mature enough to truly consider making her leaders aware that they can be made answerable to their actions at any point of their stewardship? An unprejudiced answer will, to a large extent, determine the extent to which public office holders see themselves as servants or masters.
Politics
NBA Faults Senate, Demands Mandatory E-Transmission of Results
Instead, the Senate opted to retain the existing provision of the Electoral Act, which states that results shall be transmitted “in a manner as prescribed by the Commission.”
Reacting to this, the NBA said the discretionary wording weakens the legal framework for credible elections.
“The current provision leaves room for manipulation, ambiguity and post-election disputes,” Mr Osigwe said, stressing that only a clear statutory mandate can guarantee transparency and protect the integrity of votes cast by Nigerians.
According to the NBA, enforceable electronic transmission provisions are no longer optional in a modern democracy.
“Credible elections are the bedrock of constitutional democracy, and continued resistance to mandatory electronic transmission undermines public confidence in the electoral process,” the Council noted.
The Association further emphasised that technology-backed transparency aligns with global best practices and is critical to restoring trust in Nigeria’s electoral system.
Consequently, NBA NEC called on members of the National Assembly to show legislative responsibility and statesmanship by voting in favour of the amendment compelling real-time electronic transmission of election results.
The Council reaffirmed the NBA’s commitment to sustained advocacy and engagement to ensure that Nigeria’s electoral laws truly reflect the will of the people as expressed at the ballot box.
Politics
We’ve Not Recognized Any PDP Faction — INEC
The Independent National Electoral Commission (INEC) has dismissed speculation around giving official recognition to a faction of the Peoples Democratic Party (PDP) at its recent engagement with political parties in Abuja, the nation’s capital.
According to the electoral body, the Senator Samuel Anyanwu-led National Working Committee (NWC)’s attendance at the meeting does not necessarily amount to its recognition of one faction over another.
In explaining the reason behind having only the Senator Anyanwu group at the meeting, with the Dr Turaki-led group conspicuously absent, the Commission said the PDP was formally invited as a party and not any so-called faction within it.
INEC’s Deputy Director of Publicity, Mr Wilfred Ifogah, who spoke in an interview with journalists, said: “Invites are sent to the party, not to individuals,” noting that such letters are usually addressed to the party Chairman and Secretary.
He said since INEC does not determine which officials attend its meetings, it always accepts whoever a party presents as its representatives, adding: “Whoever the party sends as their representative is okay by the commission, because the letters are sent to the party, not the individual”
On concerns raised that only the Senator Anyanwu-led working committee were at the meeting, Mr Ifogah dismissed suggestions that INEC recognised that group to the exclusion of others, saying, “I didn’t know, you people are the one calling it faction”.
Further maintaining that INEC doesn’t meddle in internal party divisions, the Deputy Director acknowledged that party representatives usually introduce themselves at such meetings, often stating whether they are standing in for substantive officers.
Hear him: “Most times, if you are there at the opening ceremony, you find out that it’s either the person will say he’s representing the chairman, or the person is the chairman, and the other person is probably standing in for the secretary.”
While pointing out that INEC does not verify or question such representations, as long as the party responds to the invitation, he said: “As far as the party is concerned, we are not sure who comes. It’s just the party that sends people.”
Speaking on the crisis rocking the PDP, Mr Ifogah said internal disputes are outside INEC’s mandate, stressing further that: “The internal crisis has nothing to do with us. We don’t bother about that. Whenever they settle, we work.”
He said INEC would always encourage parties to resolve leadership disputes ahead of critical electoral activities, adding; “The only advice we give them is that whatever issue or internal crisis they have, they should settle it before we have activity.”
Admitting that prolonged internal disputes could affect a party’s participation in time-bound processes, Mr Ifogah said: “Whoever the substantive leadership of the party is should sign those documents so that they can be part of the process If not, when the activity is time-bound and they need something, that’s their cup of tea.”
He said the essence of party engagements is participation, not factional validation, and further explained that, “It’s just the Elections and Political Parties Monitoring Department that knows how to send invitations to them. They come for the meeting. I think that’s what is paramount”.
Senate Won’t Be Intimidated Into Passing Faulty Electoral Law — Akpabio
President of the Senate, Godswill Akpabio, has defended the removal of the provision for “real-time” electronic transmission of election results from the Electoral Bill 2026, insisting that the National Assembly would not be bullied into enacting a law that could endanger Nigeria’s democracy.
Sen. Akpabio said the Senate deliberately deleted the phrase to give the Independent National Electoral Commission (INEC) the discretion to determine the most appropriate mode of transmitting election results, warning that making real-time transmission mandatory could plunge the country into crisis in the event of network or power failures.
He spoke on Saturday in Abuja at the unveiling of a book, The Burden of Legislators in Nigeria, authored by Senator Effiong Bob.
According to the Senate President, “technology must save and not endanger democracy,” adding that rigid provisions could invalidate elections in areas affected by poor connectivity or grid collapse.
“All we said was to remove the word ‘real-time’ to allow INEC decide the mode of transmission. If you make it mandatory and there is a system failure, there will be a serious problem,” Sen. Akpabio said.
He argued that official election documents, including Form EC8A, should remain the most reliable basis for declaring results, stressing that elections must not be jeopardised by technological limitations.
“Real-time means that if there are nine states where there is no network, does it mean elections will not take place there? Or in any part of the country where there is a grid breakdown, does it mean there will be no election?” he asked.
Reacting to widespread criticism of the Senate’s action, Sen. Akpabio said lawmakers had been subjected to unwarranted attacks and abuse, particularly on television panels and social media, but maintained that the legislature would not succumb to pressure from opposition parties, civil society organisations or non-governmental organisations.
“We will not be intimidated but will do what is right for Nigeria, not what one NGO says. A retreat is not law-making,” he said.
He criticised the notion that positions agreed upon at stakeholder retreats must automatically be adopted by the Senate, arguing that such views may not reflect the interests of all parts of the country.
“Why do you think that the paper you agreed to in Lagos must be what we must approve?” he queried.
Sen. Akpabio, however, noted that the legislative process on the bill had not been concluded, assuring that there was still room for amendments. He explained that as long as the Votes and Proceedings of the Senate had not been approved, any senator could move to amend the bill.
“We can amend anything before we approve the votes and proceedings. Why abuse the Senate when what we have is incomplete?” he said.
He further observed that provisions rejected by the Senate could still be reinstated by the Conference Committee of the Senate and the House of Representatives, urging critics to exercise patience.
In a swift response, former Senate President and National Chairman of the African Democratic Congress (ADC), Senator David Mark, who chaired the occasion, cautioned Sen. Akpabio against speaking on behalf of the Independent National Electoral Commission (INEC).
“The position of the ADC is clear: pass the bill and let INEC decide whether it can implement real-time electronic transmission or not. Don’t speak for INEC,” Sen. Mark said.
Other speakers at the event, including Akwa Ibom State Governor, Pastor Umo Eno, and the book reviewer, Professor Maxwell Gidado, commended Senator Bob for documenting the challenges faced by Nigerian legislators, describing the book as a courageous and timely intervention.
In his remarks, Sen. Bob highlighted issues confronting lawmakers, including electoral disputes, conflicts with governors and political godfathers, judicial annulment of electoral victories, and the pressure of addressing constituents’ private concerns.
“The courage to defend democracy is in the legislature and the legislators,” he said.
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