By Gloria Ikibah
The House of Representatives has passed a bill through second reading, proposing that only the President retains immunity from prosecution while removing this privilege from the Vice President, Governors, and Deputy Governors.
The bill was among 42 others reviewed and approved for the second reading during a plenary session in Abuja, presided over by Deputy Speaker Benjamin Kalu.
Sponsored by Rivers State lawmaker, Rep. Solomon Bob, the bill seeks to amend Section 308 of the 1999 Constitution to prevent abuse of office and promote transparency in governance.
The long title of the proposed legislation reads, “A Bill for an Act to alter the Constitution of the Federal Republic of Nigeria, 1999 to qualify the immunity conferred on the President, remove the immunity conferred on the Vice President, the Governors and their deputies, in order to curb corruption, eradicate Impunity and enhance accountability in public office and for Related Matters”.
Key amendments include changes to Section 308 of the Constitution, which currently grants immunity to the President, Vice President, Governors, and Deputy Governors while in office.
The proposed bill would amend subsection 3 to ensure that immunity only applies to the President and the Vice President when acting as President under Section 145 of the Constitution.
Additionally, a new subsection 4 will be introduced to make the immunity clause inapplicable if the office holder is acting in an unofficial capacity, engaging in actions beyond the powers of the office, or involved in criminal conduct.
“The bill seeks to foster transparency and strengthen the fight against corruption by making public officials more accountable for their actions, both in and out of office.
“Section 308 of the principal Act is amended by:(a) substituting a new subsection (3) as follows: “(3) This section applies to a person holding the office of the President of the Federal Republic of Nigeria and the Vice President only when acting as President in line with Section 145 of this Constitution.
“Creating sub section (4) thereto as follows:“(4) The foregoing provisions of this section shall be inapplicable where the person to whom this section applies is acting in an unofficial capacity or where the conduct of the person is beyond the powers of his office or the conduct is criminal in nature”
“This Bill may be cited as the Constitution of the Federal Republic of Nigeria (Alteration) Act 2024”.
The bill is currently awaiting further debate and consideration by the National Assembly.