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 Independent National Electoral Commission (INEC) has extended the deadline for political parties to submit the list of candidates for the 2027 governorship and state Houses of Assembly elections from Saturday, August 8, to Tuesday, August 11, 2026.
The commission announced the extension in a statement issued on Saturday and signed by the National Commissioner and Chairman of its Information and Voter Education Committee, Mohammed Haruna.
According to INEC, the decision followed appeals by political parties for additional time to complete the submission process through the dedicated online portal.
“The submission window, which according to the revised Timetable and Schedule of Activities for the General Election was originally scheduled to close on Saturday, 8th August, 2026, has been extended to Tuesday, 11th August, 2026,” the commission said.
In a a related development, INEC announced the suspension of PVC collection in Osun State ahead of the August 15 governorship election.
The commission said voters who applied for replacement of lost, damaged or defaced Permanent Voter Cards would have until midnight on Sunday, August 9, to print downloadable copies of their cards.
The electoral body explained that the deadline was necessary to enable it compile data on downloaded PVCs and produce final statistics on the total number of cards collected ahead of the election.
INEC said PVC collection in Osun commenced at the Registration Area level from July 22 to 28, 2026, but was extended to July 31 following complaints about large crowds and difficulties experienced by voters at collection centres.
The exercise subsequently moved to the local government level and ran from August 1 to 7.
The commission also disclosed that replacement downloadable PVCs had been made available to voters in Odo-Otin and Ife Central Local Government Areas following the theft of cards during attacks on the two collection centres.
It stressed that the stolen cards could not be used to vote.
INEC reassured Osun residents of its preparedness for the August 15 governorship election.
“The commission reiterates that the stolen cards cannot be used to vote.
“INEC reassures the people of Osun State of its readiness to conduct a free, fair, credible and inclusive governorship election on 15th August, 2026,” the statement said.
The commission said the deadline, initially set for Saturday, 8 August, has been extended to Tuesday, 11 August 2026, following appeals from political parties for more time.
INEC also announced that the window for voters who applied to replace lost, damaged or defaced PVCs to download their replacement cards will close at midnight on Sunday, 9 August.
The move is to enable the commission compile final PVC collection figures ahead of the 15 August Osun governorship election.
INEC said replacement downloadable PVCs have also been provided to affected voters in Odo-Otin and Ife Central Local Government Areas after hoodlums carted away cards from two collection centres, stressing that the stolen cards cannot be used to vote.
The commission reaffirmed its readiness to conduct a free, fair, credible and inclusive election in Osun State.
Gov. Kefas made the remarks over the weekend at the Federal Medical Centre (FMC), Jalingo, during the flag-off of the second phase of the Renewed Hope Medical Outreach in Taraba State, organised as part of activities marking Prof. Yilwatda’s 58th birthday.
The governor commended Prof. Yilwatda for choosing to mark his birthday by providing medical care to people in need.
“What Professor Nentawe did is a powerful demonstration of what leadership should be,” Gov. Kefas said.
He assured that his administration would continue to support initiatives that complement government efforts to improve healthcare delivery and the wellbeing of residents.
Speaking at the event, Prof. Yilwatda called on Nigerian leaders to embrace the culture of giving and use their positions to touch the lives of the less privileged.
He said his decision to celebrate his 58th birthday in Taraba State was deliberate and informed by the needs of underserved communities, particularly people who face difficulties accessing healthcare because of distance and financial constraints.
According to him, the intervention followed a needs assessment and was extended across the three senatorial districts of the state.
He said the exercise commenced on August 3 at Takum General Hospital and covered the Federal University Teaching Hospital, Wukari; First Referral Hospital, Sunkani, Ardo-Kola Local Government Area; General Hospital, Bali; General Hospital, Gembu; and FMC Jalingo.
Prof. Yilwatda said the intervention provided medical services to thousands of beneficiaries, including people who required surgical procedures.
He said sustainable national development could only be achieved when strong institutions placed Nigerians at the centre of development.
“Leadership is about service,” he said, urging political and public leaders to make giving back to society an important part of their responsibilities.
He reaffirmed his commitment to serving Nigeria and its people, saying his personal vision was to make every day of his life useful to humanity.
“Every day that I live, the vision is: let it be useful to humanity,” he said.
The Taraba State Commissioner for Health, Dr. Bordiya Buma, commended the initiative, saying it was consistent with the Renewed Hope agenda and efforts to strengthen healthcare delivery in the state.
Dr Buma said the second phase followed the successful completion of the first phase, which was conducted simultaneously in six local government areas, with two LGAs selected from each of the three senatorial districts.
According to him, more than 10,000 patients were attended to during the first phase, including people with medical and surgical conditions.
He disclosed that 327 general surgeries, 71 eye surgeries and 575 dental procedures were carried out during the exercise.
The commissioner expressed appreciation to President Bola Tinubu for the Renewed Hope Medical Outreach and thanked Prof. Yilwatda for supporting the initiative and choosing Taraba State as a beneficiary.
The Minister of Health and Social Welfare, Prof. Muhammad Ali Pate, also commended Prof. Yilwatda for choosing Taraba State to mark his 58th birthday through a medical outreach.
Prof. Pate said making healthcare the centrepiece of the birthday celebration was significant because health affects everyone.