By Hassanat Adebowale
Igariweh Enwo, a member of the House of Representatives representing Afikpo North/Afikpo South Federal Constituency, has stated that governors are shielded from civil and criminal proceedings while in office under the immunity clause in the Nigerian Constitution. He made this assertion during an interview in Abuja on Wednesday.
Enwo referred to Section 308(1) of the 1999 Constitution, which grants immunity to certain public officials, including governors, from legal proceedings while they hold office. He argued that this provision prohibits the National Assembly from summoning governors for such matters.
His comments were in response to a recent petition presented by lawmaker Ikenga Ugochinyere on the floor of the House of Representatives. The petition called for an investigation into the alleged involvement of Ebonyi State Governor, Chief Francis Nwifuru, and the police in the reported abduction and illegal detention of Ohanaeze Youth President, Mr. Igboayaka Igboayaka.
Enwo criticized the presentation of the petition, describing it as a constitutional violation. “The immunity clause protects governors from civil and criminal proceedings while in office. Therefore, the House has no jurisdiction to entertain such a petition or summon the governor,” he stated.
He urged his colleagues to ensure that their legislative activities align with constitutional provisions, emphasizing the importance of respecting the rule of law. Enwo also expressed satisfaction with Nigeria’s democratic progress, noting that the system continues to evolve positively.
Reflecting on his own contributions, the lawmaker reaffirmed his commitment to delivering democratic dividends to his constituency. He highlighted the importance of adhering to constitutional guidelines to maintain the integrity of the legislative process.
GI’s Legal Corner
Section 308(1) of the 1999 Constitution grants sitting governors, the President, and their deputies immunity from arrest, prosecution, or any court processes while they remain in office. This safeguard is intended to allow public officials to focus on governance without the distraction of legal battles.
However, this immunity has sparked debates over the years, with critics arguing that it can serve as a shield for officials to evade accountability. Importantly, this protection ends as soon as their tenure is over, meaning that former officials can still face legal consequences for their actions once they leave office.
The provision aims to strike a balance, protecting officials from unnecessary harassment during their time in office while ensuring they remain accountable to the law in the long run.
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