In a landmark move to combat corruption and enhance accountability, Nigeria’s House of Representatives has advanced a bill to revoke legal immunity for the Vice President, state governors, and deputy governors. The proposed legislation, which passed its second reading on Wednesday, seeks to amend Section 308 of the 1999 Constitution, retaining immunity only for the President and the Vice President exclusively when acting in the President’s stead. Sponsored by Rep. Solomon Bob (Rivers State), the bill aims to curb abuse of power, promote transparency, and hold leaders accountable for criminal conduct.
What Does the Immunity Bill Propose?
The bill targets Section 308 of Nigeria’s Constitution, which currently shields the President, Vice President, governors, and deputy governors from civil or criminal prosecution while in office. Key changes include:
- Limiting Immunity to the President: The Vice President would only retain immunity when acting as President under Section 145 (e.g., during the President’s absence).
- Ending Immunity for Governors and Deputies: State executives would no longer enjoy protection from prosecution.
- New Exceptions to Immunity: Even the President could face prosecution if they:
- Act outside their official capacity,
- Exceed constitutional powers,
- Engage in criminal activities.
This amendment aims to dismantle the culture of impunity among high-ranking officials, ensuring no one is “above the law.”
Why This Reform Matters
Corruption remains a critical challenge in Nigeria, with Transparency International ranking the country 145th out of 180 in its 2022 Corruption Perceptions Index. Immunity clauses have long been criticized for enabling graft, as seen in high-profile cases like former Governor James Ibori’s conviction in the UK. Rep. Solomon Bob argues that stripping immunity will:
- Boost Public Trust: Citizens demand accountability from leaders.
- Accelerate Anti-Corruption Efforts: Prosecutors can act without waiting for terms to end.
- Align with Global Standards: Many democracies limit immunity to heads of state.
Deputy Speaker Benjamin Kalu, who presided over the plenary, emphasized that the bill aligns with the House’s agenda to “strengthen governance and restore faith in public institutions.”
Next Steps for the Bill
While passing the second reading marks progress, the bill must still undergo:
1. Committee Review: Detailed scrutiny and public hearings.
2. Third Reading: Final House vote.
3. Senate Approval: Concurrent passage by the Senate.
4. State Assembly Ratification: 24 of 36 states must endorse it.
5. Presidential Assent: Sign-off by President Tinubu.
If successful, this would be the first major amendment to Section 308 since 1999.
Public Reaction: Support and Skepticism
Civil society groups like SERAP and EiE Nigeria have applauded the move, calling it “a victory for the rule of law.” However, critics warn that political motivations could derail impartial enforcement. Others argue the President’s retained immunity still leaves room for abuse. .
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