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.
Claiming that elections in the country are typically characterized by vote buying, Mr Nwosu said a repeat of such phenomenon would taint the credibility of the forthcoming gubernatorial poll.
Mr Nwosu is among the 16 governorship candidates listed by INEC in a June 4, 2025 statement to participate in the November 8, 2025 election in Anambra State.
His party, the ADC, will battle it out with other parties to unseat incumbent Governor Chukwuma Soludo of the All Progressives Grand Alliance (APGA).
Mr Nwosu, in a statement on Saturday, said it was baffling seeing voters openly selling their votes to party agents and other representatives around polling units on election day.
According to him, “such practices not only derail the true will of the people but also reduce elections to an auction, where the state is effectively handed over to the highest bidder.”
Mr Nwosu urged INEC to introduce secure voting cubicles that would safeguard the legitimate rights of voters and uphold the sovereignty of democracy.
“INEC must provide secure voting cubicles to ensure ballots remain private and secret. Currently, many polling areas are too exposed, allowing others to see the voting process. This not only encourages vote buying but also undermines the integrity of the elections.
“Voting must remain secret. Nigeria already has strong electoral laws which, if properly enforced, can deliver outcomes that truly benefit society”, Mr Nwosu said.
He held that the Anambra governorship election was another opportunity for INEC to secure the trust of Nigerians about its commitment to transparency and fairness during polls.
He also noted the role of security agencies in tackling the menace of vote buying on the day of election.
He said, “The success of any political activity depends largely on security, because security is key. While it is not solely INEC’s duty to ensure elections are properly conducted, the Commission must create an enabling environment that allows citizens to participate freely, conduct themselves properly, and exercise their right to vote.”
The party, in a statement by its National Publicity Secretary, Obiora Ifoh, called on the relevant security agencies to investigate the attackers and their sponsors.
“The Labour Party is perplexed by the physical attack on our National Chairman, Barrister Julius Abure, by agents suspected to be working for anti-democratic elements who have tried unsuccessfully to wrestle the leadership of the party from him.
“Few hours ago, a prominent member of a known political family, Ms Precious Oruche, alias ‘Mama P’, accosted Barrister Abure while on a queue at the Nnamdi Azikiwe Airport Abuja, boarding a Max Air flight en route to Benin, and attacked the Labour Party’s National Chairman unprovoked.
“The attacker, Madam P, who is also a known content creator, continued the attack all through the duration of the flight, defying all attempts by the Max Air flight attendants to calm her.
“The assault, which attracted a large population of onlookers, continued unabated on disembarkment at the Benin Airport while she continued recording the scene.
“It took the intervention of the security agents on hand to whisk Abure to safety while the attacker was handed over to the police for questioning.
“In one of her films released, the lady, who is a prominent member of the ‘Obidient’ and claimed that she has contacts with the highest police hierarchy, boasted that nothing will happen to her.
“She vowed that she will not stop attacking Abure or any member of the Labour Party executive because, according to her, ‘you have killed Labour Party and you are the reason why Obi is no longer in the Labour Party.’
“The leadership of the Labour Party is completely troubled with this cyber-bullying and the consequences of the action of this political agent on the party. We are by this statement calling on the Inspector General of Police to thoroughly investigate this suicidal aggression against the leadership of the Labour Party and Barrister Julius Abure in particular.
“We sincerely believe that the lady-agent was on an assignment to accomplish the desires of her paymasters. Assault and cyber-bullying are severe crimes under our laws and we think that the Police must fish out her sponsors and cohorts, and bring them to book.
“We are calling on the members of the Labour Party to be calm, even in the face of this unwarranted provocation and wait for the outcome of the investigation on the unprovoked attack against the leadership of the party,” the statement read.
Speaking during the party’s congress in Yola, the state capital, on Saturday, Mr David Lorhenba, the chairman, Adamawa Congress Committee, described the exercise as hitch-free.
He said that a total of 2,656 delegates from 21 local government areas came out and elected 39 officials.
Mr Lorhenba commended the delegates for conducting themselves in an orderly manner.
“The conduct of the congress is very successful, all the delegates come from 21 Local Government Areas and cast their votes peacefully.
“We have a total of 2,656 delegates and we have announced the winners very successfully”, he said.
In his remarks, Alhaji Attahiru Shehu, the outgoing chairman, congratulated the new executives and charged them to continue on what they have already done for the party to remain strong.
According to him, they started as opposition in the state and produced Gov. Ahmadu Fintiri who is serving his second term, opining they “he has done well for the state.”
In his acceptance speech, Mr Madagali thanked the delegates for the confidence they reposed in him.
He promised to run an open door policy in manning the affairs of the party.
“Let us continue the legacy of good governance and prepare ahead for 2027 with focus, discipline and unity.
“To those outside our party, especially the youths and women of Adamawa, we invite you into our party.
“PDP is your home. Our doors are open to all who wish to contribute positively to the development of our state.
“Our party will continue to be a shining example of people-focused on leadership,” he said.