Immunity for President, Governors, Law Makers Retained

The Conference Committee of the National Assembly on Constitution Review yesterday retained the immunity clause for the President and the Governors, which was originally in the Nigerian Constitution but was recommended for removal last week by the House of Representatives.

The Conference Committee retained the immunity clause for the President and the Governors and also approved immunity for legislators in respect of words spoken or written in the exercise of their legislative duties.

The report, which contains 23 amendments, confers immunity on lawmakers,

“In respect of words spoken or written in the exercise of their legislative duties” through amendment of section 4.

Also adopted by the Committee was the power conferred on the National Assembly and the State Assemblies in Section 58 and 100 to override the President or the Governor in an event there was an impasse where the President or the Governor of a state refused to append his assent on any passed law.

The Committee said overriding the President or Governor that refused to signify his assent or withholds it after 30 days of its passage would strengthen legislature’s authority and enable timely passage of laws for good governance.

The new amendment also makes it mandatory for the president to attend a joint session of the National Assembly once a year to deliver a State of the Nation Address as contained in Section 6

The Independent National Electoral Commission (INEC), has also been empowered through the new amendments to de-register political parties over non-fulfillment of certain conditions such as breach of registration requirements and failure to secure/win either a presidential, governorship, local government chairmanship or a seat in the National Assembly or state Assembly.

Another striking feature of the amendment is Section 124, which abolishes State Independent Electoral Commission (SIEC) and creates the office of the Auditor-General of the local government as well as the State Local Government Service Commission.

The Conference Committee in Section 174 and 211 separated the Office of the Attorney General of the Federation and Attorney General of the State from the Minister of Justice and Commissioner for Justice.

However, the 23 amendments will have to be approved by two-thirds of the state Houses of Assembly before they can become operational, a necessity that made the Senate President, David Mark to direct the forwarding of the report to all the 36 states of the federation immediately.