Posted on Mar 12, 2020
Sitting Presidents will no longer enjoy immunity in criminal matters if the alteration being proposed to the 1999 Constitution by the Senate sails through, The Nation learnt on Thursday.
Also to lose immunity is the Vice President, Governors and their deputies in the impending alteration.
This followed the second reading of a 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” 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