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.
Governor Abba Yusuf of Kano State has approved the release of N15.6 billion for the payment of outstanding severance gratuities, accommodation, and leave allowances owed to over N3,000 former councillors across the State’s 44 local government areas.
The approved payment covers councillors who served during the periods of 2014–2017, 2018–2020, and 2021–2024 under the administration of former Governor Abdullahi Ganduje. The entitlements, which remained unpaid for years, will now be disbursed in three installments between April and June 2025.
In a statement issued by the Special Adviser on Information to the Governor, Ibrahim Adam, the administration described the move as a corrective measure to address the neglect of past leadership and fulfil a promise to ensure fairness to public office holders.
“The approval of N15.6 billion is in fulfilment of Governor Abba K. Yusuf’s commitment to ensuring that all outstanding entitlements owed to our dedicated public servants are fully paid. It is a matter of principle and justice to uphold the dignity of those who have served in elected positions”, Mr Adam said.
He noted that the financial intervention reflects the governor’s broader vision of governance rooted in fairness, accountability, and public trust.
“His Excellency recognises the sacrifices and dedication of these former councillors. This action is part of a larger effort to right the wrongs of the past and restore faith in public administration,” he added.
Local government officials and affected former councillors have welcomed the decision, describing it as long overdue and a step toward healing the financial frustrations of many grassroots leaders.
Governor Yusuf’s administration, elected on a different political platform than his predecessor, continues to draw commendation for its proactive efforts to resolve inherited liabilities and improve the welfare of public servants.
As the payment schedule begins, it is expected that this intervention will offer financial relief to thousands and stimulate local economic activity across the state.
Politics
Gunmen Disrupt Political Rally In Bayelsa ….As Turnah, Others Emerge New Associates’Leaders
Scores of spectators and political faithful were hospitalised after a yet to be identified gunmen invaded a rally organised by a group loyal to the Minister of the Federal Capital Territory (FCT), Chief Nyesom Wike and President Bola Tinubu in Yenagoa, the Bayelsa State capital.
Part of the activities scheduled to hold at the occasion was the inauguration ceremony of the Bayelsa State chapter of the ‘New Associates’, a pro-Wike political forum.
The Tide which monitored the event reports that trouble started just at the preparatory stages of the event, when the unidentified gunmen launched sporadic gunshots from a farm close to the venue of the event, injuring unsuspecting spectators and party faithful across party lines.
However, calm was restored after a swift intervention by men and officers of the Nigeria Police Force and other security formations which enabled the event to go on as planned.
Speaking to newsmen shortly after restoration of calm, factional South-South zonal Secretary of the Peoples Democratic Party (PDP) and Chairman, Caretaker Committee of the State’s chapter of the party, Barrister George Turnah, commended security operatives for their timely response.
He noted that the plan of detractors had been defeated as forces loyal to certain individuals in the State never wanted the rally to hold as scheduled.
Turnah, who doubles as Convener of the ‘New Associates’ in the State, commended President Tinubu and Chief Wike for the appointment and facilitating the same for Ijaws across the Niger Delta region.
He said, but for the love of the duo for the Ijaw people of various extractions, the Presidency would not have given preferential political portfolios in the Federal Government’s Ministries Departments and Agencies (MDAs) to Ijaws even though the ethnic nationality produces bulk of the natural resources for the economic mainstay of the nation.
The PDP chieftain reiterated that the reason for the event which was attended across party lines was to say ‘thank you’ to the two political leaders, stressing that to ‘whom much is given, much was expected’.
“For me, I’m of the larger opposition party, PDP. But I’ve decided to support and work for President Tinubu for what he is doing for the Ijaw nation, Niger Delta region in particular and Nigeria in general.
“President Tinubu has given Bayelsans and other Ijaws across the Niger Delta region several juicy political appointments. He appointed our brother and son, Heineken Lokpobiri as Minister of Petroleum even though former President Muhammadu Buhari had previously appointed a Bayelsan as Petroleum Minister in his government.
“Apart from the Petroleum Minister, Tinubu has also appointed Ijaw sons, Chief Boma Iyaye as Executive- Director, Finance, and Dr Samuel Ogbuku as Managing-Director and CEO of the Niger Delta Development Commission.
“Though former President Buhari had appointed Ogbuku initially in Acting capacity, when President Tinubu came, even after sacking all board members of the Commission, he still kept our brother, the MD and upon the completion of his tenure in Acting capacity, the President again reappointed him as substantive MD/CEO.
“But there’s one man who has made all these appointments for Ijaws possible. He is the FCT Minister, Nyesom Wike. Ijaw people, Bayelsans are we not enjoying these appointments?
“Has the NDDC not lit up the entire Niger Delta region? Are you not feeling the impact of the Ogbuku-led NDDC? So for me and all the members of the New Associates we’ve decided to support President Tinubu for a second tenure so that our state and region can benefit more from his government”, he said.
“We want Governor Douye Diri to tell us his stand on the forthcoming 2027 general election. He should tell us whether he is supporting the President or not. If he’s supporting the President, we’ll work with him. After all, Diri was the first Governor from the South-South zone that benefitted from the President’s magnanimity during the 2023 elections and even in terms of infrastructure projects and appointments of Bayelsans at the Federal level”, Barr Turnah added.
In his remarks, Chairman of the occasion, and leader, Rivers Ijaw Peoples Congress (RIPCO), Senator George Sekibo, lauded President Tinubu and the FCT Minister for their love and friendship with the Ijaw people.
Represented by former Chairman of Akuku-Toru Local Government Area of Rivers State, Dr Roland Sekibo, Senator Sekibo said the ‘New Associates’ political forum was to galvanize support for the President for his 2027 election.
He said while President Tinubu had performed well as Nigeria’s leader, the FCT Minister had continued to show leadership from the federal level after showing the same in Rivers State while serving as governor.
“I like to thank the convener of the ‘New Associates’ political forum in Bayelsa State, Barr. George Turnah (MON) and the Coordinators for standing firm in spite of threats from highly placed political leaders not to hold this event.
“Love is not theoretically, but must be expressed, which explains why they have gathered to celebrate their Excellencies, President Tinubu and Barr. Ezewon Nyesom Wike for the various roles they have played and have continued to play to ensure the appointment of Ijaw sons and daughters to positions of trust and authority at the federal level.
“The ‘New Associates’ is in synergy with President Tinubu and will continue to follow directives from the FCT Minister who has openly declared support for Mr. President”, he said.
Ariwera Ibibo-Howells, Yenagoa
The Publicity Secretary of the Labour Party (LP) in Enugu State, Mr Titus Odo, has defected to the Peoples Democratic Party (PDP).
Mr Odo defected to the PDP on Wednesday alongside the former Commissioner for Chieftancy Affairs in the State, Emeka Mamah, who was the state Coordinator of the Peter Obi Presidential Campaign in the 2023 presidential election.
The duo dumped the PDP during the 2023 general elections for the Labour Party.
Receiving the defectors at the party’s state secretariat, the state PDP Chairman, Martin Chukwunwike, expressed happiness over their decision to return to their former party.
He explained that Governor Peter Mbah gave them the directive to do everything possible to bring back aggrieved party members who left the party.
“We are happy to have them in our midst, and God has set this party on a good footing, as 2027 is already assured,” he said.
The PDP chairman, however, called for unity within the party to package themselves ahead of the 2027 elections.
Speaking during their presentation to the party state chairman, Mr Odo expressed joy for returning to his former party, revealing that Mr Mbah’s massive development in the State informed his decision.
“I am happy to tell you that I am back to my home. I came back because of the giant development strides of Governor Mbah and I say kudos to him.
“The second reason is the defection of my immediate boss, the LP governorship candidate for the 2023 election in Enugu State, Dr Chijioke Edeoga.
“Another reason is that the council chairman in Igboeze North, Mr Uchenna Ogara, is turning the council area into a township,” he said.
Mr Mamah also thanked the PDP leadership in Igboeze North, Enugu North Senatorial zone and the state chapter of the party for receiving him back to the party.
He extolled Mr Mbah for extending hands of fellowship to those who had left the party, saying, “Personally, I am pleased with the performances of our governor.”