Remove immunity for president, governors- NGO urges lawmakers

The Alliance for the Defence of the Niger Delta (ADND) has urged the National Assembly to repeal the law that guaranteed immunity for the president, vice president, governor, and his deputy from prosecution.

ADND made the call in a statement by its leaders, Johnson Mba-Ngei and Sobomabo Ikriko, on Friday in Abuja.

The NGO said the immunity clause has been a barrier to holding state governors accountable for misconduct and mismanagement of public resources.

“By eliminating this clause, governors will be subject to scrutiny and legal action, thereby promoting transparency, accountability, and good governance at the state level.”.

It also called for urgent constitutional amendments to empower traditional rulers and ensure greater accountability among state governors in Nigeria.

“The call was in response to the pressing need to address Nigeria’s security challenges and enhance governance accountability, as highlighted in a recent article titled “Mohammed Ndarani Mohammed SAN Advocates Empowering Traditional Rulers: A Solution to Nigeria’s Security Challenges and Governance Accountability.”

“The article underscores the insight that traditional rulers are deeply rooted in their communities and possess unique knowledge and influence that can significantly contribute to maintaining peace and order at the grassroots level.”.

ADND emphasised the need for specific amendments to facilitate the active engagement of traditional rulers in the security affairs of their domains.

“Strengthening the role of traditional institutions in collaboration with law enforcement agencies is essential for effective community policing and the protection of lives and property in the Niger Delta region and beyond.

“By empowering traditional rulers and ensuring accountability among state governors, we can collectively address Nigeria’s security challenges and foster a more transparent and responsive governance system for the benefit of all Nigerians.

It urges all stakeholders, including lawmakers, government officials, civil society organisations, and the general public, to support these constitutional amendments.

NAN reports that the immunity clause in Section 308 of the 1999 Constitution provides a shield for the President, Vice President, Governor, or Deputy Governor from frivolous litigation in respect of personal or criminal proceedings that would distract him from the business of governance.

NAN reports that in 2020, the House of Representatives began moves towards ensuring that the presiding officers of the Senate, House of Representatives, as well as those of the state Houses of Assembly enjoy immunity while in office, like the President, Vice President, Governors, and Deputy Governors.It introduced a bill 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; and for Related Matters’.

The bill, sponsored by Rep. Olusegun Odebunmi (APC-Oyo), passed second reading, but not without some reservations by some members of the Green Chamber as well as a cross-section of society.

The bill seeks an amendment to Section 308 of the 1999 Constitution of the Federal Republic of Nigeria to extend such immunity to presiding officers of the National Assembly. This includes the Senate President, Deputy Senate President, Speaker and Deputy Speaker of the House of Representatives, and Speaker and Deputy Speaker in the 36 state Houses of Assembly.

Section 308 of the 1999 Constitution, as amended, has, in crystal clear terms, outlawed legal proceedings against the President and Vice President of Nigeria and the Governors and Deputy Governors, respectively, of the various states.