The House of Representatives has referred the Bill seeking to alter Section 308 of the 1999 Constitution (as amended) to its Special Ad-hoc Committee on Constitution Review after lawmakers shared divergent views over the Bill’s content at its second reading. While some were in support of the Bill, others registered their dissent chanting “No immunity!” thereby culminating in a rowdy session.
Leading debate at the plenary session of Tuesday, 12th July2016, the Bill’s sponsor, Hon. Leo Ogor (PDP: Delta) stated that the Bill would grant immunity to presiding officers – Senate President and Deputy Senate President, Speaker and Deputy Speaker of the National and State Houses of Assembly in civil and criminal proceedings during their period of office. The proposal for extension of immunity to the presiding officers of the legislature would amend section 308(3) of the 1999 Constitution (as amended) which grants the privilege to the President, Deputy President, Governor of a State and Deputy Governor. The House minority leader also cited the ongoing crisis in the Senate and added that an extension of the immunity clause to presiding officers would allow for them to be protected while carrying out their functions.
However leading the dissenting opinions, Majority Leader of the House of Representatives, Hon. Femi Gbajabiamila (APC: Lagos) spoke against the Bill arguing that the immunity clause should be extended to all Members of the House. He also expressed reservation over the timing, stating that the amendment to Section 308 of the Constitution should go beyond the confines of the present crisis in the Senate so that the alterations are made in the best interest of citizens.
It will be recalled that the Bill first gained notoriety after it was seen by some critics as an attempt to protect the Senate President and the Deputy Senate President from criminal persecution in the alleged forgery of the Senate Standing Rules, 2015. Interestingly although the Bill was not put up for a voice vote as is usually the case when a Bill comes up for second reading, it has been referred to the Special Ad-hoc Committee who are expected to further scrutinize its content and report back to the House.
