The House of Representatives on Thursday, 23 July 2020 debated a Constitution Alteration Bill seeking to give certain judges immunity from civil and criminal matters.
Leading the debate, bill sponsor Hon. Igariwey Iduma Enwo (Ebonyi:PDP) argued that the Constitution Alteration bill seeks to alter section 308 of the Constitution of the Federal Republic of Nigeria to provide for immunity from civil or criminal matters for the Chief Justice of Nigeria, Justices of the Supreme Court, the Chief Judge of the Federal High Court and the Chief Justices of the State High Courts and the Federal Capital Territory. He stated that the purpose of the immunity is to prevent the identified judicial officers from being distracted by legal matters that may be brought against them, to ensure that the principle of equality of arms of government is maintained, to ensure that justice is dispensed without fear or favour and to guarantee stability of Nigeria’s democracy.
It would be noted that section 308 provides immunity from civil and criminal cases for the President, Vice-President, Governors and Deputy Governors. Also legislators are also given immunity from legal proceedings for words spoken or written at plenary sessions or at Committee proceedings of the Legislative House under the Legislative Houses (Powers and Privileges) Act 2017.
Some legislators cautiously lent their support to the bill. For example, Hon. Nkem Abonta (Abia:PDP) noted that while there is merit in protecting presiding judges, care should be taken in drafting the provision to ensure that a delicate balance is struck so as not to create another problem while trying to solve one issue. Hon. Toby Okechukwu (Enugu:PDP) in expressing a similar view stated that the Judiciary appears to be vulnerable to political interference and abuse of office. He pointed out that there are procedures in the Constitution for removal of judicial officers by the Legislature. He further suggested that the bill would need to be retooled to allow for exceptions.
It would be recalled that in 2019 the former Chief Justice of Nigeria, Walter Onnoghen, was removed from office by the President on allegations that he failed to declare his personal assets before taking office.
