Section 308 of the\n1999 Nigerian Constitution provides for executive immunity for the President,\nVice President, Governor and Deputy Governor from civil and criminal\nproceedings while their tenures subsist. This means that persons occupying\nthese positions cannot be charged to court or sued, except in their official\ncapacity in the case of civil proceedings and in civil or criminal proceedings\nwhere they are only nominal parties. <\/p>\n\n\n\n
A Constitution\nAlteration bill before the Senate seeks to qualify the provision for executive\nimmunity to exclude immunity for executive office holders in cases of civil or criminal\nproceedings, where relevant law enforcement agencies indict such persons for\nmisappropriation of public funds or for sponsoring thugs to perpetrate violence\nagainst a political opponent, his\/her family or representatives. The bill is\nsponsored by the Deputy President of the Senate, Senator Ovie Omo-Agege (APC,\nDelta). <\/p>\n\n\n\n
An argument in favour\nof executive immunity is that it allows for an elected executive office holder\nto carry out his or her duties to the nation or state without interference\noccasioned by investigations and litigation, while they are in office. However,\nthere are acts that may constitute an offence which an individual engages in by\ntaking advantage of the political office he or she occupies, and these usually\nborder on misuse of public funds or privileges inherent in the position. This\nis why on some occasions, law enforcement agents go after politicians for\noffences committed while they were in office, after the expiration of their\ntenures and when executive immunity has seized. The bill is proposing to open\nelected executive office holders to arrest, investigation and prosecution for\nmisappropriation of public funds and sponsoring of thugs to perpetrate\nviolence. This appears to be a step in the right direction towards holding this\ncategory of public officers to account. However, observers wonder how this may\naffect the stability of the polity and the process of governance, if passed.<\/p>\n\n\n\n