The proposed 1999 Constitution amendment which seeks to remove the immunity of a sitting president in criminal matters has passed through its second reading at the Nigerian Senate.
Sitting Vice President, Governors and their deputies will also lose their immunity in the impending alteration.
The Bill titled: “A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to qualify criminal liability for certain public officers under Section 308” was sponsored by the Deputy Senate President, Ovie Omo-Agege.
The explanatory memorandum of the Bill stated that: “This act provides for qualification of the immunity clause to exclude immunity for Public Officers referred to in Section 308 from criminal liability where the offence involves misappropriation of funds belonging to the Federal, State or Local Government and also the use of thugs to foment violence.”
Section 308 of the 1999 Constitution (as amended) reads: “(1) Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section –
“(a) no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office;
“(b) a person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise; and
“(c) no process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued:
“Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office.
“(2) The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party.
“(3) This section applies to a person holding the office of President or Vice-President, Governor or Deputy Governor; and the reference in this section to “period of office” is a reference to the period during which the person holding such office is required to perform the functions of the office.”
The proposed Bill provides that a President, Vice President, Governors and Deputy Governors shall lose their immunity if they are investigated by security and anti-graft agencies, including the courts.
The Bill said in part that: “Section 308 of the Principal Act is altered by (a) Substituting for subsection (2), a new subsection “(2)” –
“(2) The provisions of subsection (1) of this section shall not apply –
“(a) to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party; and
“(b) to persons who hold the office of Vice-President, Governor or Deputy Governor, if it is determined either by the Economic Financial Crimes Commission, Independent Corrupt Practices Commission, Nigerian Police and State Security Service through a collaborative investigation that the said person is indicted by a court of competent jurisdiction for:
“(i) Financial misappropriation of funds belonging to the Federal, State or Local Government; or
“(ii) Sponsoring of thugs to perpetrate violence that cause injury or death of political opponent, a member of his family, agent or personal representative.”
Legalizing Six-Geopolitical Zones
A Bill which seeks to legalise the six geopolitical zones in the country also scaled second reading.
The Bill titled: “A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to give recognition to the Six Geo-political Zones and to further introduce a clear demarcation by creating the Federal and State legislative list as a substitute for the existing legislative lists and for other matters, 2020” was sponsored by Senator Solomon Adeola (Lagos West).
Other Bills seeking to alter the Constitution which scaled second reading and their sponsors include:
“A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to specify the period within which the President or Governor of a State presents the Appropriation Bill before the National Assembly of House of Assembly and for other related matters, 2020” by Senator Opeyemi Bamidele (Ekiti Central)
“A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to provide for the establishment of State Police and to ensure effective community policing in Nigeria and for matters connected thereto, 2020” by Senator Surajudeen Ajibola (Osun Central).
“A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to amend Section 138(d) and Section 139 of the Electoral Act 2010 by deleting Section 138 (d) and adding a new Subsection (3) to Section 139, to reduce the unlawful exclusion of a political party Logo on a Ballot Paper) a Pre-election matter and for related matters, 2020” by Senator Istifanus Gyang (Plateau North).
“A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to replace the name “Nigeria Police Force” with ”Nigerian Police” to reflect their core mandate of providing Civil Services and for related matters, 2020” by Senator Micheal Opeyemi Bamidele (Ekiti Central).
“A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to amend Section 81 to make provisions for amount standing to the credit of Security Agencies in the Consolidated Revenue Fund to be on First Line Charge and for connected matters, 2020” by Senator Ibrahim Gobir (Sokoto East).
“A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to preclude the establishment of separate Tribunals to hear and determine Pre-election matters and Election petitions
respectively, in the Presidential, National and state Houses of Assembly and Govemorship elections and for related matters, 2020” by Senator Ovie Omo-Agege (Delta Central).
“A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to provide for establishment of State Police and other related matters, 2020” by Senator Ike Ekweremadu (Enugu West).
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