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 Senate yesterday received the 2026-2028 Medium Term Expenditure Framework and Fiscal Strategy Paper from President Bola Tinubu, marking the formal launch of the 2026 federal budget cycle.
In a letter addressed to the upper chamber, Tinubu said the submission complies with statutory requirements and sets out the fiscal parameters that will guide the preparation of the 2026 Appropriation Bill.
He explained that the MTEF/FSP outlines the macroeconomic assumptions, revenue projections, and spending priorities that will shape Nigeria’s fiscal direction over the next three years.
The letter was read during plenary by the Deputy President of the Senate, Senator Barau Jibrin (APC, Kano North), who urged lawmakers to expedite consideration of the document.
“It is with pleasure that I forward the 2026 to 2028 Medium-Term Expenditure Framework and Fiscal Strategy Paper for the kind consideration and approval of the Senate.
“The 2026 to 2028 MTEF and FSP were approved during the Federal Executive Council meeting of December 3, 2025, and the 2026 budget of the Federal Government will be prepared based on the parameters and fiscal assumptions therein,” the President stated.
Last week, the Federal Executive Council approved the fiscal projections, pegging the oil benchmark price at $64.85 per barrel and adopting a budget exchange rate of ?1,512/$1 for 2026—figures expected to significantly shape revenue forecasts and expenditure planning.
After reading the President’s letter, Jibrin referred the document to the Senate Committee on Finance, chaired by Senator Sani Musa (APC, Niger East), with a directive to submit its report by Wednesday, December 17.
The Senate adjourned shortly after to allow committees to commence scrutiny of the fiscal framework and continue the ongoing screening of ambassadorial nominees.
Tinubu’s communication to the Senate came less than 24 hours after he transmitted the same MTEF/FSP documents to the leadership of the House of Representatives.
The letter was read on the House floor by the Deputy Speaker, House of Representatives, Benjamin Kalu, who also urged timely legislative action as required by law.
The MTEF and FSP are statutory instruments mandated by the Fiscal Responsibility Act and serve as the blueprint for Nigeria’s annual budgets.
They outline the government’s fiscal stance, macroeconomic assumptions, revenue frameworks, projected deficits, and sectoral priorities over a three-year period.
The Tide reports that approval by the National Assembly is a prerequisite for the executive to present the Appropriation Bill for the next fiscal year.
In a statement on Saturday, the former Senate Leader stated that the allocation of nominees across states and geopolitical zones falls short of the constitutional requirement for fair representation in the composition of the Federal Government.
The ex-Senate Whip warned that allowing the list to pass could deepen ethnic suspicion at a time when the administration should be consolidating national unity.
He highlighted disparities in the spread of nominees, noting that while some states have three or four slots, others have none. He also cited the inclusion of Senator Adamu Garba Talba from Yobe, who reportedly died in July.
“The entire North-East states have seven nominees in the list. Further checks revealed that the South-West geo-political zone has 15 nominees, while North-West and South-East have 13 and 9, respectively.
“North-Central region has 10 nominees in the list of career and non-career ambassadorial nominee while South-South parades 12 nominees,” Senator Ndume said.
According to him, such imbalances could heighten tensions and undermine Section 14(3) of the Constitution.
“My sincere appeal to President Tinubu is to withdraw this list. At this critical juncture in his administration, he should avoid missteps that could undermine national unity and foster ethnic distrust.
“I know him to be a cosmopolitan leader who is at home with every segment and stakeholder in the country. He should withdraw that list and present a fresh set of nominees that will align with the spirit of the Constitution on the Federal Character Principle,” Senator Ndume added.
He accused the legislators of undermining the sanctity of the legislature and acting as instruments of destabilization.
“The members of the Rivers State House of Assembly have, by their actions since they assumed office, shown that they are political puppets and a clog in the wheels of democratic progress,” Comrade Ememobong stated, adding that “They will go down in history as enemies of democracy and those who made mockery of the legislature.”
“So the easiest way to describe their action is a defection from APC to APC,” he said.
Comrade Ememobong announced that the party would deploy constitutional provisions to reclaim its mandate from those who have “ignobly and surreptitiously” abandoned the platform on which they were elected.
“Consequently, the PDP will take legal steps to activate the provision of the Constitution of the Federal Republic of Nigeria (1999 as amended) to recover the mandate gained under the banner of our party which these people have now switched to another platform,” he said.
He urged party members in Rivers State to remain calm and steadfast.
“We urge all party members in Rivers State to remain faithful and resolute, as efforts are underway to rebuild the party along the path of inclusiveness, fairness and equity,” Comrade Ememobong assured.
