Report of the House of Representative on Constitution Review

The ad-hoc Committee of the House of Representatives presented its report on the review of the 1999 constitution. Its report advocates the removal of immunity clause in the constitution which prevents the prosecution of the President, Vice President, Governor and Deputy Governor.

Section 308 of the 1999 Constitution of the Federal Republic of Nigeria provides:

308. (1) Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section -(a) no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office;(b) a person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise; and(c) no process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued:Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office.(2) The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party.(3) This section applies to a person holding the office of President or Vice-President, Governor or Deputy Governor; and the reference in this section to "period of office" is a reference to the period during which the person holding such office is required to perform the functions of the office.

If this provision is successfully removed from the constitution, it means that persons in the position of the President, Vice President, Governor and Deputy Governor will be susceptible to prosecution while in office and this will be very progressive for our Country.

The committee's report rejected the clarion for the creation of 35 States, granted Local Government autonomy and citizenship rights for persons who have lived in a particular community for a particular period.

The committee's report resulted from recommendations received during its public sessions.