The impunity clause in the Nigerian constitution is set to be removed by the Nigeria National Assembly with a bill that has passed it first reading in the house.
The House of Representatives is expected to commence debate on the general principle of a bill that seeks to remove all forms of immunity clauses conferred on the President, Vice President, State Governors and Deputy Governors in the 1999 Constitution (as amended).
The private member bill which passed through First reading on the floor of the House, was sponsored by the immediate past Chairman, House Committee on Army, Hon. Rimamnde Shawulu Kwewum and seeks to amend section 308 of the Principal Act.
He maintained that the amendment being proposed will not pre-dispose President, Vice President as well as Governors and Executives to distraction as these are explicitly prohibited.
The lawmaker who argued that such immunity exists only in countries with weak democratic structures stressing that immunity for Executives has stunted our development and engendered democracy, hence “removing the blanket immunity clause would increase accountability and open up the creativity of Nigerian people.”
While citing the provisions in other jurisdictions, he observed that “there is absolute immunity from civil litigation for official acts undertaken” in the United States of America.
“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,” he noted.
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