Editorial
Against Immunity For Lawmakers
Barely four years after Nigerian lawmakers, precisely members of the 8th National Assembly backtracked on efforts to secure immunity for presiding officers of the National Assembly and their state counterparts, as a result of public outcry, the 9th National Assembly is back with a move of same purpose.
This time, via a bill sponsored by the lawmaker representing Ogo-Oluwa/Surulere Federal Constituency of Oyo State in the Federal House of Representatives, Olusegun Odebunmi, titled, “Bill for an Act to Alter Section 308 of the Constitution of the Federal Republic of Nigeria, 1999 to Extend Immunity to Cover Presiding Officers of Legislative Institutions’, seeks to extend immunity to the four presiding officers of the National Assembly and those of the State Houses of Assembly.
Section 308 of the Constitution provides that, “notwithstanding anything to the contrary in this Constitution but subject to Sub-Section 2 of this Section (a) No Civil or Criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office; (b) A person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise and (c) No process of any court requiring or compelling the appearance of a person to whom this section applies shall be applied for or issued. Subsection 3 of the section spells out specifically the persons to whom the privilege of immunity from prosecution applies as the President, the Vice President, governors and deputy governors.
Already, the bill has passed for second reading on the floor of the House of Representatives. Interestingly, however, many lawmakers have voiced their opposition to the bill. Also, majority of Nigerians including civil rights groups have rejected the bill with many describing it as an attempt to indulge the lawmakers and shield them from answering any question generated by their actions, particularly that of corruption.
The Tide, therefore, joins other well-meaning opponents to the bill to say that such is not what Nigeria needs at this time of her national and democratic development. We say so because we are convinced that lawmakers in the country have all they need to legislate effectively for the general good of the people.
We recall that on January 27, 2018, President Muhammadu Buhari assented to the Legislative House Power and Privileges Act, which provides protection for decisions taken by members of parliament in the country. The law grants the Legislative Houses in the National Assembly and State Houses of Assembly immunity from litigation for actions taken in plenary or committee proceedings of the House or Committee.
Thus, we wonder what further immunity the lawmakers are looking for or what contributions additional immunity clauses would serve or add to the promotion of our democracy. Indeed, using the law to provide cover for official indiscretions, recklessness, abuse of power or office, impunity and outright criminality at any level is no longer fashionable.
We are not unaware of the real intentions of immunity privileges, especially, in a political climate fraught with political mischief makers and those with the penchant for ‘pull-him-down’ syndrome. But the privilege is open to abuses. Some of those currently enjoying it are not free from abusing it even to the extent of hiding behind it to escape repercussions for infringements on extent laws of the land. They often arrogate to themselves supernatural powers and see their opinions and wishes as superior, knowing that the law safeguards them.
We think that at a time other countries are trying to whittle down immunity provisions for political office holders so that they should be answerable to law and the people, Nigerian lawmakers should not try to expand the field. The fact that in spite of the amount of opposition that has greeted the bill at inception, the lawmakers still want to take it to public hearing where the outcome could be manipulated, shows that they are desperate to foist it on Nigerians.
This, we believe, is another attempt to ridicule the country and her democracy. It is a huge setback for the rule of law that the same privileged and powerful leaders of parliament that regularly make laws that consign ordinary, powerless Nigerians to prison for even trivial offences want to establish elite immunity to protect themselves from consequences for serious crimes of corruption and money laundering.
In fact, if allowed to stand, the much-vaunted fight against corruption by President Buhari’s administration would further lose credibility and moral ground to prosecute other Nigerians. This is because the bill would not only protect lawmakers from legal consequences for corruption and other foibles, it would exacerbate the immunity that prevails in Nigerian political circles and worsen the country’s ranking in world’s corruption perception index.
We think that the leadership of the House of Representatives should, without further delay, withdraw this obnoxious bill. Any contrary action would only go to prove the belief by many that Nigerian politicians, particularly lawmakers, are insensitive to the feelings of the people and mostly engage in self-serving trips rather than true and effective representation.
If it is difficult to strip those currently enjoying immunity of the privilege, attempts should not be made, at any quarters, to enlarge the field of immunity beneficiaries.
Editorial
That Oshiomhole’s Call On FG’s Road Projects
There are moments in the life of a legislature when plain speaking becomes a public service. Senator Adams Oshiomhole provided such a moment on the floor of the Senate when he accused the Minister of Works, Senator David Umahi, of manifestly neglecting critical federal arteries in Edo and Delta States, and implored his colleagues to prevail on the Minister to adopt a more equitable and genuinely national approach to road infrastructure delivery. It was blunt, it was uncomfortable, and it was necessary.
The specifics of his complaint deserve restating. Drawing attention to the recent approval of some 20 new road projects despite the parlous state of existing ones, the former Edo State governor lamented that Nigerians cannot travel from Benin to Warri, Benin to Asaba, Benin to Auchi, or Auchi to Okene without encountering severe distress. He alleged a deliberate omission of these corridors from the national budget in the last three years, save for palliative interventions directed by President Bola Tinubu through tax credit arrangements. His question — “What have we done wrong?” — resonates far beyond the chambers of the National Assembly.
We lend our full and unequivocal support to that call. The Auchi-Benin Road, for instance, has been in a deplorable and near-impassable condition for several years, turning what should be a two-hour journey into an all-day ordeal of broken axles, extortionate fares, and despondent commuters. The media have, on multiple occasions, chronicled the suffering of motorists, traders, and students who ply that route. To describe it as a federal road today is to stretch the meaning of the term beyond recognition.
This pattern of sidelining is not confined to Edo or Delta. Even here in Rivers State, the disposition of the Federal Ministry of Works has left much to be desired, particularly along the Eleme axis of the East-West Road. That road, which ought to be a flagship of federal presence in the Niger Delta, has remained in a wretched state for long. Those who use it daily — workers at the Eleme Petrochemical Complex, the two refineries, Onne Port, and the countless ancillary industries — can attest to its deterioration. Work has proceeded in fits and starts without the sustained urgency such a strategic road demands.
The Eleme stretch is not a mere intra-state byway. It is the gateway to the nation’s economic jugular. According to the Federal Ministry of Works and Housing’s 2023 Highway Condition Survey, only about 35 per cent of the country’s 36,000 kilometres of federal roads are rated as being in good or fair condition, with the remainder classified as poor or very poor. The East-West Road, conceived in the 1970s to bind the entire Niger Delta, remains unfinished in critical sections more than four decades after. If it had been treated as a priority, the perennial gridlock, carnage, and economic loss on the Eleme-Refinery junction would have long been consigned to history.
The irony is as painful as it is glaring. The Niger Delta remains the goose that lays the golden eggs. Data from the Nigeria Extractive Industries Transparency Initiative [NEITI 2023 Oil and Gas Audit] show that the region still accounts for over 78 per cent of Nigeria’s federally collected export earnings and about 65 per cent of total government revenue. The National Bureau of Statistics [NBS Foreign Trade Report Q4 2024] similarly confirms that crude oil continues to dominate export receipts. By every metric of equity and economic logic, a region that sustains the national purse deserves first-rate consideration in the allocation of infrastructure, not afterthoughts and tokenism.
Road infrastructure is not largesse to be dispensed by favour; it is the skeleton upon which commerce, cohesion, and citizenship hang. When contracts are concentrated in one geopolitical zone while other zones are left to contend with craters, it erodes trust in the federation itself. The World Bank’s Nigeria Development Update [June 2023] estimated that poor transport connectivity inflates the cost of moving goods by up to 40 per cent and costs the Nigerian economy an estimated $1.5 billion annually in lost man-hours and vehicle maintenance. If we profess to be one country, then equity must be the compass that guides key institutions before any project is executed. Development must spread round, not pool in one place as though other regions do not matter.
There is also a grave security dimension that can no longer be ignored. The deplorable condition of federal roads has become a veritable enabler of criminality. The NBS Crime Experience and Security Perception Survey reported over 2.5 million incidents of kidnapping-related occurrences nationally, with transport workers identifying bad road spots as prime ambush points. When vehicles are forced to crawl at 10 kilometres per hour through failed sections at Auchi, Sapele Road, or Eleme, they become sitting ducks for armed gangs. Fixing bad roads, therefore, is not merely about convenience; it is about safeguarding lives.
By his intervention, Senator Oshiomhole has hit the nail on the head and reminded Minister Umahi of a fundamental constitutional truth: public office is held in trust. The Ministry of Works is not a personal estate where contracts are awarded according to whim or political convenience. It is a national institution funded by the collective resources of Nigerians, including the oil and gas rents from the very communities whose roads are now neglected. The Minister must demonstrate balance, transparency, and a pan-Nigerian outlook in the distribution of projects that impact the daily existence of citizens. Selective neglect breeds suspicion, and suspicion is corrosive at a time when the nation is preaching unity, oneness, equity, and justice.
Consequently, the National Assembly must go beyond rhetoric and assert its oversight powers with vigour. Sections 88 and 89 of the 1999 Constitution [as amended] empower the legislature to investigate and expose any maladministration in the execution of federal projects. If an office holder is not acting rightly, it is the duty of the Senate and the House of Representatives to call him to order. Oversight must not be reduced to budget approval ceremonies; it must translate to field verification, public hearings, and insistence that the Federal Character principle, as enshrined in Section 14(3) of the Constitution, reflects in road awards.
Let the Auchi-Okene, Benin-Warri, Benin-Asaba, and Eleme East-West gangways be restored to motorable dignity. Let priority be given to completing existing, economically vital roads before embarking on new ones. If those who, through their resources, sustain the federation are sidelined in the distribution of tangible dividends, it tells poorly of our nationhood. Bad roads must be fixed, and they must be fixed now, with fairness as the guiding standard.
Editorial
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