A bill that seeks to strip vice-presidents, governors and deputy governors of immunity when they are found guilty of fraud or electoral crimes, has passed second reading at the Senate.
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The bill which excludes the president was sponsored by the Deputy Senate President, Ovie Omo-Agege, was one of 10 constitutional amendment bills read for the second time on Thursday.
The bill which seeks to alter Section 308 of the Constitution of the Federal Republic of Nigeria which deals with immunity is 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.”
The explanatory memorandum of the bill states: “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 Constitution currently 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 amendment, however, provides that the vice-president, governors and deputy governors shall lose their immunity if they are indicted by security and anti-graft agencies, including the courts.
The bill seeks that: “Section 308 of the Principal Act is altered by 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.”
Having been referred to the constitution review committee for further legislative work, a report will be brought before the Senate after which the lawmakers will vote electronically for or against the proposed amendments.