ABUJA, Nigeria — State governments don show strong wahala for bill wey House of Representatives don pass wey go remove the constitutional immunity wey dey protect governors, deputy governors, and vice president from prosecution for crimes. Dis bill, wey don pass second reading, dey aimed to amend Section 308 of 1999 Constitution, wey still go keep immunity for President, but go remove am from other top executive offices.
For plenary on Wednesday, Deputy Speaker Benjamin Kalu lead the House to pass di bill through second reading. Dis passage don clear way for di bill to waka go House Committee on Constitutional Review for more legislative work.
Di sponsor of di bill, Solomon Bob, talk say if dem remove immunity, e go help combat corruption and increase accountability. But plenty state officials and legal experts don dey warn say dis kind move fit lead to politically motivated lawsuits, distract governance, and create instability for state administrations.
Di immunity wey dey defined under Section 308 for Nigeria Constitution dey protect di President, governors, and their deputies from legal action while dem dey in office. Dis law don dey there to make sure say elected leaders fit focus on governance without di fear of litigation. However, di proposed amendment go maintain immunity only for di president, while allowing vice presidents, governors, and deputy governors face prosecution for alleged misconduct while dem dey in office.
Abiodun Aikomo, Oyo State Commissioner for Justice and Attorney General, talk say if di National Assembly scrap immunity, e go affect development projects for di states. For interview wey he grant The PUNCH for Ibadan, Aikomo explain say removing immunity go distract di executive arm from carrying out their work. He say, “Di concern be say if dem hold these officials criminally responsible for wetin dem do while in office, dem go dey distracted from performing their duties. Dat’s why di constitution don give dem immunity from prosecution.”
Aikomo continue, “When law dey happen, even if you go court and di court go interpret wetin law dey talk, dem go check wetin di law dey try to fix for society. If person dey for executive office, instead make dem dey distract am from doing him work by taking am to court and prosecuting am, di law go say make him concentrate on wetin him dey do, in four or eight years, di work go don finish, and he fit come account for wetin him do.”
Mr. Oluwasina Ogungbade, Ogun State Attorney General, also talk say di House of Representatives’ move go not make sense for fighting corruption. He express concerns say if di bill get through, e go just encourage politically motivated accusations of corruption and misdeeds. He state, “I hope say di removal of immunity for di proposed people no go lead to false and politically driven allegations, just to achieve unjust removal from office.”
Ogungbade also question di logic wey involve di president dey exempted while di governors and their deputies dey targeted. “Why di removal dey limited only to dem? If immunity go remove, e suppose apply to all elected officials,” he say.
Di Ogun AG make him point clear say na complete overhaul of di criminal justice system and di procedures of major crime agencies go really tackle corruption, no be just to remove di immunity clause. “Persons wey don hold those offices still dey face investigation or prosecution even after dem don leave office. Why dis dey happen? Di immunity clause no be di real problem. If we no fit investigate and prosecute people when dem don comot office, wetin give us assurance say we go fit do am while dem still dey enjoy all di powers of di office?” he ask.
Defending di bill, Bob, wey represent Ahoada East/Abua/Odual Federal Constituency for Rivers State, tell The PUNCH say di removal go create a less corrupt society. “With dis bill, we want see a less corrupt society, a less lawless, reckless society,” he say. “If people sabi say dem fit be pursued while dem dey in office, dem go dey more careful with wetin dem dey do.”
In di proposed amendment, new subsection 3 go join Section 308. “(3) Dis section go apply to person wey dey hold di office of di President of di Federal Republic of Nigeria and di Vice President only when e dey act as President according to Section 145 of dis Constitution.”
Di explanatory memorandum talk say di bill dey seek to change di constitution to remove di immunity wey dey cover di vice president (except when e dey act as president), state governors, and their deputies, plus to qualify di immunity wey dey conferred on di president.
