Reps move to remove President, Governors’ Immunity Clause

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The House of Representatives is deliberating the removal of the immunity clause enjoyed by Nigeria’s President, Vice President, as well as Governors and Deputy Governors.

The immunity clause makes them exempted from trial.

A bill to make it possible for their criminal and civil prosecution will soon be read for the second time at the Green Chamber.

Hon. Rimamnde Kwewum, a member of the People’s Democratic Party (PDP) from Taraba State, sponsored the constitution amendment bill.

The existing law shields persons named and/or referred to in Sub-Section 3 of Section 308 of the 1999 CFRN (Constitution of the Federal Republic of Nigeria) from lawsuits.

Persons holding the office of president or vice-president, governor or deputy governor are covered under Subsections 1(a), (b) and (c); (2) and (3).

“In effect, by this constitutional provision, the restriction is placed on legal proceedings for persons holding these offices under Subsections 1 and 2, Section 308, CRFN”, Kwewum said.

The lawmaker explained that the aim of his bill is to amend Section 308(1) (a), (b) and (c) and Section 308(2) to ensure government leaders, no matter how highly placed, answer for their actions.

The lawmaker cited various examples of other jurisdictions where immunity was limited or does not exist.

He said, “The United States of America: There is absolute immunity from civil litigation for official acts undertaken. The Supreme Court in the US held that the president does not possess absolute immunity from civil litigation surrounding acts he took before becoming the president. In 2020, the Supreme Court held that the president is subject to subpoenas in criminal prosecutions for personal conduct.

“The United Kingdom: Immunity from criminal prosecution is not immunity enjoyed by members of parliament. Parliamentary privileges are allowed. No prosecution for what is disclosed in parliamentary debates and processes.

“France: Only parliamentary privileges/immunity are allowed.

“Germany: There is only parliamentary privileges/immunity but parliament can vote to lift the immunity for specific members and allow prosecution.

“Chile: Parliamentary immunity. No immunity for serving Presidents. Prosecutions can commence immediately leaving office.

“COTE D’Ivoire: President is liable for acts done in the exercise of his office; can be prosecuted for high treason.

“Fiji Island: Full unconditional immunity for president, prime minister, etc.

“Kazakhstan: Immunity for the president

“Lebanon: Immunity while discharging functions of the office.

“Niger: Immunity in the exercise of the function of office; no immunity for high treason.

“Russia: Inviolability of immunity for former and president.

“Syria: Immunity except for treason.”

Kwewum stated, “It is obvious that immunity exists only in countries that with weak democratic structures. Immunity for executives has stunted our development and engendered democracy, removing the blanket immunity clause would increase accountability and open up the creativity of Nigeria people.”