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.
The Tide source reports that the committee, reportedly backed by the Minister of the Federal Capital Territory (FCT), Chief Nyesom Wike, is making moves to reclaim the Wadata Plaza headquarters months after it was sealed following a violent clash between rival factions of the party.
Senior officers at the FCT Police Command told our source that while they had not received an official briefing, police personnel would be stationed at the secretariat and other key locations to maintain peace.
The Acting National Secretary of the Mohammed-led committee, Sen. Samuel Anyanwu, announced last week that the secretariat would reopen for official activities on Monday (today).
He dismissed claims that ongoing litigation would prevent the reopening, saying, “There are no legal barriers preventing the caretaker committee from resuming work at the party’s headquarters.”
However, the Tanimu Turaki-led National Working Committee (NWC) has fiercely rejected the reopening move, insisting that Sen. Anyanwu and his group remain expelled from the PDP and have no authority to act on its behalf.
Speaking with The Tide source, the committee’s National Publicity Secretary, Ini Ememobong, declared: “They are living in fool’s paradise. The worst form of deceit is self-deceit, where the person knows he is deceiving himself yet continues with gusto.
“Even INEC, which they claim has recognised them, has denied them. They are indulging in a roller coaster of self-deceit.”
Mr Ememobong further revealed that letters had been sent to both the Inspector-General of Police and the FCT Commissioner of Police, stressing that the matter was still in court and warning against any attempt to “resort to self-help.”
“The case pending before Justice Joyce Abdulmalik was instituted by the expelled members. They cannot resort to self-help until judgment is delivered,” he said.
He warned that reopening the secretariat would amount to contempt of court.
A senior officer at the FCT Police Command, who spoke on condition of anonymity, confirmed that officers would be deployed to the area to avert a repeat of the November 19 violence that led to the secretariat’s initial closure.
“The command would not stand by and allow a breakdown of peace and order by the party or anyone else. Definitely, the police will have to be on the ground,” he said.
Another officer added, “There will definitely be men present at the secretariat, but I can’t say the number of police officers that would be deployed.”
When contacted, the FCT Police Public Relations Officer, Josephine Adeh, said she had not been briefed on the planned reopening and declined to comment on whether officers would be deployed.
Asked to confirm whether the secretariat was initially sealed by police, she responded, “Yes,” but refused to say more about the current deployment plans.
The Kano State House of Assembly has debunked the purported impeachment plan against the Deputy Governor, Aminu Gwarzo.
The Tide source recalls that the Kano State Commissioner for Information and Internal Affairs, Ibrahim Waiya, recently sparked controversy during an interview session with a local radio station.
Mr Waiya called on the deputy governor to resign for failing to follow his principal, Gov. Abba Yusuf, in defecting from the New Nigeria Peoples Party (NNPP) to the All Progressives Congress (APC).
However, the spokesperson to the Speaker of the state House of Assembly, Kamaluddeen Shawai, while addressing journalists in Kano on Saturday, described reports circulating in some media outlets about Mr Gwarzo’s impeachment as baseless and misleading, emphasising that no such plan is underway.
Mr Shawai further stated that the House remains focused on its legislative duties and oversight functions rather than engaging in speculative political manoeuvres.
The spokesperson urged members of the public and the media to verify information before sharing it, stressing the importance of accurate reporting in maintaining political stability in the state.
He said, “There is absolutely no motion or initiative within the House to remove the deputy governor.
“These reports are false and should be disregarded by the public. The deputy governor continues to serve in his capacity with full support from the House.
“Our priority is good governance and serving the people of Kano, not circulating rumours.”
She made the declaration during an interview with Nigerian football legend, Mr Segun Odegbami, during a live radio interview on Saturday.
Prof. Obasanjo, who is also former commissioner in the state, ruled out a return to the Senate, stating that her focus was firmly on the governorship race.
“So, moving ahead, I’m not going to be Commissioner. Like I said, I’m not even going back to the same party because I think that’s old and I don’t see the use of it. And I’m not going to go back to the Senate,” she said.
“Like the Americans would say, there’s no need. And this is what I told my associates, when this all started. I said, the only thing I’ll come back to do is the governorship.
“And we have started that journey. We are going to see it through. And so that’s the journey I’m on. And we are very serious about it. I mean we are very dedicated to it.”
The politician also confirmed that she recently joined the APC, explaining that her return to active politics followed persistent calls from supporters.
“Like I told you, a group of people who I did not bring together, have been working, I think, for two years now. And then they started talking to me about a year ago, saying, ‘Look, we think you are the best candidate. We want you back,’” she added.
Her declaration sets the stage for what may become a keenly contested governorship race in Ogun State ahead of the 2027 elections.
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