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.
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Editorial
Making Rivers’ Seaports Work
When Rivers State Governor, Sir Siminalayi Fubara, received the Board and Management of the Nigerian Ports Authority (NPA), led by its Chairman, Senator Adeyeye Adedayo Clement, his message was unmistakable: Rivers’ seaports remain underutilised, and Nigeria is poorer for it. The governor’s lament was a sad reminder of how neglect and centralisation continue to choke the nation’s economic arteries.
The governor, in his remarks at Government House, Port Harcourt, expressed concern that the twin seaports — the NPA in Port Harcourt and the Onne Seaport — have not been operating at their full potential. He underscored that seaports are vital engines of national development, pointing out that no prosperous nation thrives without efficient ports and airports. His position aligns with global realities that maritime trade remains the backbone of industrial expansion and international commerce.
Indeed, the case of Rivers State is peculiar. It hosts two major ports strategically located along the Bonny River axis, yet cargo throughput has remained dismally low compared to Lagos. According to NPA’s 2023 statistics, Lagos ports (Apapa and Tin Can Island) handled over 75 per cent of Nigeria’s container traffic, while Onne managed less than 10 per cent. Such a lopsided distribution is neither efficient nor sustainable.
Governor Fubara rightly observed that the full capacity operation of Onne Port would be transformative. The area’s vast land mass and industrial potential make it ideal for ancillary businesses — warehousing, logistics, ship repair, and manufacturing. A revitalised Onne would attract investors, create jobs, and stimulate economic growth, not only in Rivers State but across the Niger Delta.
The multiplier effect cannot be overstated. The port’s expansion would boost clearing and forwarding services, strengthen local transport networks, and revitalise the moribund manufacturing sector. It would also expand opportunities for youth employment — a pressing concern in a state where unemployment reportedly hovers around 32 per cent, according to the National Bureau of Statistics (NBS).
Yet, the challenge lies not in capacity but in policy. For years, Nigeria’s maritime economy has been suffocated by excessive centralisation. Successive governments have prioritised Lagos at the expense of other viable ports, creating a traffic nightmare and logistical bottlenecks that cost importers and exporters billions annually. The governor’s call, therefore, is a plea for fairness and pragmatism.
Making Lagos the exclusive maritime gateway is counter productive. Congestion at Tin Can Island and Apapa has become legendary — ships often wait weeks to berth, while truck queues stretch for kilometres. The result is avoidable demurrage, product delays, and business frustration. A more decentralised port system would spread economic opportunities and reduce the burden on Lagos’ overstretched infrastructure.
Importers continue to face severe difficulties clearing goods in Lagos, with bureaucratic delays and poor road networks compounding their woes. The World Bank’s Doing Business Report estimates that Nigerian ports experience average clearance times of 20 days — compared to just 5 days in neighbouring Ghana. Such inefficiency undermines competitiveness and discourages foreign investment.
Worse still, goods transported from Lagos to other regions are often lost to accidents or criminal attacks along the nation’s perilous highways. Reports from the Federal Road Safety Corps indicate that over 5,000 road crashes involving heavy-duty trucks occurred in 2023, many en route from Lagos. By contrast, activating seaports in Rivers, Warri, and Calabar would shorten cargo routes and save lives.
The economic rationale is clear: making all seaports operational will create jobs, enhance trade efficiency, and boost national revenue. It will also help diversify economic activity away from the overburdened South West, spreading prosperity more evenly across the federation.
Decentralisation is both an economic strategy and an act of national renewal. When Onne, Warri, and Calabar ports operate optimally, hinterland states benefit through increased trade and infrastructure development. The federal purse, too, gains through taxes, duties, and improved productivity.
Tin Can Island, already bursting at the seams, exemplifies the perils of over-centralisation. Ships face berthing delays, containers stack up, and port users lose valuable hours navigating chaos. The result is higher operational costs and lower competitiveness. Allowing states like Rivers to fully harness their maritime assets would reverse this trend.
Compelling all importers to use Lagos ports is an anachronistic policy that stifles innovation and local enterprise. Nigeria cannot achieve its industrial ambitions by chaining its logistics system to one congested city. The path to prosperity lies in empowering every state to develop and utilise its natural advantages — and for Rivers, that means functional seaports.
Fubara’s call should not go unheeded. The Federal Government must embrace decentralisation as a strategic necessity for national growth. Making Rivers’ seaports work is not just about reviving dormant infrastructure; it is about unlocking the full maritime potential of a nation yearning for balance, productivity, and shared prosperity.
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