A bill at the upper chamber of the National Assembly in Nigeria tagged “A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to qualify criminal liability for certain public officers under Section 308” is seeking to strip presidents and vice presidents of immunity in criminal matters during their stay in office. The bill also suggests the same legislation for state governors and their deputies.
This comes as part of an amendment to a part of the Nigerian constitution which does not allow public officers elected into power to be prosecuted for criminal offences. It will be instructive to note that Nigeria’s current law does not shield any member of the National Assembly from criminal or civil prosecution for unlawful conduct committed while in an active office.
What Does the Current Law Say?
Section 308of the Nigerian Constitution (1999) exempts public officials from civil or criminal proceedings during their period of office. Some excerpts from the section;
(2) The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party.
(3) This section applies to a person holding the office of President or Vice-President, Governor or Deputy Governor; and the reference in this section to “period of office” is a reference to the period during which the person holding such office is required to perform the functions of the office.
What The New Bill Says
According to Daily Post, the bill which has ascended second reading provides that a President, Vice President, Governors, and Deputy Governors shall lose their immunity if they are investigated by security and anti-graft agencies, including the courts.
Why This Matters in Nigeria
While the introduction of the immunity clause to the constitution in Nigeria was enacted to enable public office holders to carry out their duties effectively without being subject to frivolous distractions, or harassment to their person, that privilege has been misused over time.
We see an example come to play when the Governor of Kano state was caught on camera taking bribes from a contractor during his first tenure in office. Because of this clause, anti-graft agencies could not as much as question him about what the monies were meant for or why he was seen stashing them into his pocket. He went ahead and contested in another round of elections in 2019, and won.
Asides from providing a fair level playing field, if this bill is approved by the senate in Nigeria, it can restore the trust of citizens in the legislative arm of government.
This story is part of our new series on Nigeria where we analyse electoral reform in the country ahead of the next general elections in 2023.
