The House of Representatives has recently been criticised over the plan to extend immunity to principal officers of the federal and state legislatures. The bill for an Act to alter Section 308 of the 1999 Constitution and extend immunity to cover presiding officers of legislative institutions was sponsored by Segun Odebunmi, an All Progressives Congress (APC) legislator from Oyo State. 

According to Odebunmi, “extending immunity to the presiding officers of the National and State Assemblies is not a means of shielding them from answering any question generated by their actions or preventing members of the Assembly from exercising their powers of choosing or changing their leaders when required as provided for by the laws, but a genuine way of protecting the most sacred institution in democracy.”

If the bill, which has since passed a second reading, eventually becomes law, President of the Senate, Deputy President of the Senate, Speaker and Deputy Speaker of the House of Representatives as well as Speaker and Deputy Speaker of each state’s House of Assembly would be exempted from civil or criminal proceedings while in office. Despite the fact that the bill does not enjoy much support from most Nigerians, its promoters have remained resolute.

It is gratifying that some members of the House have lampooned their colleagues for even mooting the idea. Minority Leader of the House, Hon Ndudi Elumelu, wondered why some members were promoting such an idea at a time Nigerians are being murdered in their numbers by criminals and terrorists. Another lawmaker, Hon Sergius Ogun, argued that the law was being proposed at a time many Nigerians were demanding the removal from the constitution of the immunity clause for the president, vice president, state governors and their deputies.

It is, indeed, alarming that in the midst of prevailing social and economic ills plaguing the country now, all that the members of the House of Representatives would be preoccupied with is a law that would protect their principal officials from civil and criminal prosecutions. The bill is not worth any debate in the House and should be thrown out forthwith. Apart from being selfish, the bill is unpatriotic and unacceptable.

It is worrisome that the House of Representatives has continued to show brazen condescension to the feelings of most Nigerians whom they claim to represent. Since the members returned from the Christmas and New Year break, they have been enmeshed in needless controversies. The other day, the House resolved to purchase new vehicles for its 360 members at a mind-boggling cost. It was gathered later that the lawmakers shunned cars manufactured locally by a Nigerian automobile company – Innoson Vehicle Manufacturers – electing instead for some foreign brands. Penultimate week, the lawmakers embarked on a two-week recess over the spread of coronavirus.

Related News

Perhaps the lawmakers should be reminded that Section 17 (2) (a) of the 1999 Constitution (as amended) states, “every citizen shall have equality of rights, obligations and opportunities before the law.” This means that nobody is above the law, and that every person is subject to the law.

Unfortunately, Section 308 of the same constitution contradicts the above by granting immunity from prosecution to the President, Vice President, Governor and Deputy Governor.

It is ironical that while many Nigerians want Section 308 expunged from the Constitution, the lawmakers are moving to add 76 persons to the ‘immunity list.’ It is like adding insult to injury.

We believe that what should preoccupy the minds of our lawmakers at present is how to expunge Section 308 from the Constitution, like parliamentarians in some other countries have done. We are opposed to this move by the House of Representatives to extend immunity to legislative officials. We think that the proposed immunity for presiding officers of the national and state legislatures will further enhance corruption in the system. Even in the United States from where Nigeria borrowed its presidential system of government, the constitution states that the president is not immune from criminal charges stemming from his official or unofficial acts while in office. And there is no immunity for congressmen.

Several opinion polls have shown that Nigerians are vehemently opposed to their elected or appointed leaders having any form of immunity. We implore the lawmakers to stop further deliberations on the so-called immunity bill and throw it out immediately.