Omar Bennett
The Nigerian Constitution of 1999 provides immunity from prosecution for the president, vice president, governors, and deputy governors. Senators are not included in this immunity clause, but they do enjoy certain legislative privileges and immunities. For example, they are privileged from arrest during their attendance at the session of their respective Houses and are protected from legal liability for statements made in the course of their official duties. However, there is ongoing debate and controversy regarding the scope and application of legislative immunity and privilege for senators in Nigeria, with some seeking to amend the Constitution to extend immunity to presiding officers of legislative institutions.
| Characteristics | Values |
|---|---|
| Legislative immunity in Nigeria | Shields legislators from legal liability for actions and statements made in the course of their official duties |
| Legislative privilege in Nigeria | Grants legislators certain rights and exemptions to facilitate their work without fear of reprisal |
| Nigerian Constitution | Recognizes and upholds the principle of the separation of powers and ensures that each arm of the government operates within the purview of the law |
| Nigerian Constitution immunity | Applies to the president, vice president, governors, and their deputies |
| Nigerian Constitution immunity exceptions | Treason, felony, and breach of peace |
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What You'll Learn
- Senators are protected from arrest during sessions
- They cannot be questioned for speech or debate in the House
- The Nigerian Constitution recognises the separation of powers
- Senators' assets can be seized if acquired illegitimately
- Senators are seeking to remove immunity for vice presidents, governors, and deputies
Senators are protected from arrest during sessions
In Nigeria, senators enjoy immunity from arrest during their attendance at sessions of their respective houses and when they are travelling to and from these sessions. This is outlined in Article 1, Section 6 of the Nigerian Constitution, which also states that senators cannot be questioned outside of the house for any speech or debate that takes place within it.
The purpose of legislative immunity and privilege in Nigeria is to protect lawmakers from interference in their legislative functions, ensuring that they can discharge their duties effectively. This protection is rooted in the principle of the separation of powers, a cornerstone of Nigeria's democratic system.
However, the scope and application of legislative immunity in Nigeria have been controversial. While it is universally accepted that legislatures need certain privileges and immunities to protect the sanctity of the institution, critics argue that politicians have used the immunity clause to the detriment of democracy and to undermine national development.
In 2020, the Senate sought to remove immunity from the vice president, governors, and deputy governors, while the House of Representatives pushed for immunity for presiding officers of legislative institutions. This debate reflects the ongoing discussion in Nigeria about who should be immune from prosecution and to what extent.
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They cannot be questioned for speech or debate in the House
The Nigerian Constitution of 1999 recognises and upholds the principle of the separation of powers and the need to ensure that each arm of the government operates within the purview of the law. This is to ensure that each arm of the government discharges its functions effectively and without interference.
Article I (of the Constitution), Section 6, provides that senators and representatives shall, in all cases, except treason, felony, and breach of peace, be privileged from arrest during their attendance at the session of their respective houses and cannot be questioned for any speech or debate in either house in any other place. This is similar to the parliamentary immunity enjoyed by legislators in countries using the Westminster system, like the United Kingdom, where they are protected from civil action and criminal law for slander and libel while in the House.
In Spain, legislators in the national Congress of Deputies and senators enjoy 'aforos', or privileges, under Article 71.1 of the Spanish Constitution of 1978, which states that legislators cannot be prosecuted for opinions expressed or votes cast in the exercise of their official duties. Similarly, Article 80 of the Ukrainian Constitution grants parliamentary immunity to the people's deputies of Ukraine, protecting them from legal responsibility for their votes and opinions in parliament, except for insult or defamation.
In Germany, Article 46 of the Constitution states that members of the Bundestag cannot be subjected to court proceedings or disciplinary action for a vote cast or for any speech or debate in the Bundestag or its committees, with exceptions made for defamatory insults.
While the Nigerian Constitution grants senators immunity from prosecution for speech or debate in the House, there is ongoing debate and controversy surrounding the scope and application of legislative immunity in the country. For example, in 2020, the Senate sought to remove immunity from the vice president, governors, and deputy governors, while the House of Representatives sought to amend the Constitution to provide immunity for presiding officers of legislative institutions.
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The Nigerian Constitution recognises the separation of powers
Nigeria's constitution recognises the separation of powers, a principle of democratic government that divides the three arms of government—the legislative, executive, and judiciary—among distinct individuals. This principle aims to prevent arbitrary excesses by any branch of government and ensure each fulfils its designated role. In Nigeria, the legislature makes the law, the executive executes it, and the judiciary interprets it.
The country's constitution, which was amended in 1999, has its roots in the colonial era. Great Britain, which held suzerainty over the territories that now constitute Nigeria from 1855 to 1960, introduced a governmental system to the colony. Since gaining independence in 1960, Nigeria has gone through several constitutional phases, struggling to establish a stable democracy.
The Nigerian Constitution provides for legislative immunity and privilege, shielding legislators from legal liability for actions and statements made in their official duties. This protection is rooted in the principle of separation of powers and is intended to ensure the effective discharge of legislative functions. Senators and Representatives, for instance, are privileged from arrest during their attendance at the session of their respective Houses, except in cases of treason, felony, or breach of peace.
Despite the constitutional recognition of the separation of powers, Nigeria has faced challenges in adhering to this principle in practice. There have been instances of misuse of power and interference with the judiciary, indicating a struggle to maintain genuine democracy.
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Senators' assets can be seized if acquired illegitimately
In Nigeria, the constitution recognises and upholds the principle of the separation of powers and the need for each arm of the government to operate within the purview of the law. To ensure the effective discharge of duties, the constitution provides for immunities and tenures of office for the executive, legislature and judiciary.
Legislative immunity and privilege in Nigeria are a fundamental aspect of the democratic process, as in many other jurisdictions. These legal safeguards are designed to protect lawmakers from undue interference in their legislative functions, ensuring the effective discharge of their duties in representing the citizenry. Essentially, legislative immunity and privilege in Nigeria shield legislators from legal liability for actions and statements made in the course of their official duties, while privilege grants them certain rights and exemptions to facilitate their work without fear of reprisal.
However, the scope and application of legislative immunity and privilege in Nigeria have been subject to considerable debate and controversy. While the constitution stipulates that certain elected political officeholders enjoy immunity clauses, they are not immune from being investigated for criminal offences. Senators' assets can be seized if acquired illegitimately, as proven in the case of Governor Ayo Fayose, where the court decided that the assets of an executive officeholder under immunity could be seized if acquired with illegitimate funds.
In Nigeria, there is an ongoing debate about who should be immune from prosecution. The Senate is seeking the removal of immunity from the vice president, governors, and deputy governors, while the House of Representatives seeks immunity for presiding officers of legislative institutions. The argument for and against immunity clauses is not restricted to Nigeria, with similar discussions taking place in other countries.
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Senators are seeking to remove immunity for vice presidents, governors, and deputies
In March 2025, the House of Representatives passed a constitutional amendment bill for a second reading. The bill seeks to remove the immunity granted to vice presidents, governors, and their deputies. Sponsored by Solomon Bob (PDP, Rivers), the bill proposes an amendment to Section 308 of the 1999 Constitution of the Federal Republic of Nigeria, which currently protects the President, Vice President, Governors, and their Deputies from criminal and civil prosecution while in office.
The proposed amendment aims to curb corruption, eradicate impunity, and enhance accountability in public office. According to Bob, "If the vice president becomes president, even in an acting capacity, he can be entitled to the same immunity that the president has. But as vice president, he doesn’t need it. Governors don’t need it. The deputy governors do not need it because, in the first place, how do you give immunity to people who don’t need it?"
The bill has faced opposition from state governments and legal experts, who warn that removing immunity could lead to politically motivated lawsuits and distractions from governance. Oyo State Commissioner for Justice and Attorney General, Abiodun Aikomo, argued that scrapping immunity would affect developmental projects across the states and distract the executive arm of the government from its functions.
In Nigeria, legislative immunity and privilege are considered fundamental to the democratic process. They shield legislators from legal liability for actions and statements made in the course of their official duties, while privilege grants them certain rights and exemptions to facilitate their work without fear of reprisal. These protections are rooted in the principle of separation of powers and are designed to minimize distractions, ensuring that legislators can perform their duties efficiently.
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Frequently asked questions
Yes, the Nigerian Constitution grants senators immunity from prosecution for actions and statements made in the course of their official duties. However, this immunity does not extend to treason, felony, or breach of peace.
Legislative immunity and privilege in Nigeria are designed to protect lawmakers from undue interference in their legislative functions, ensuring they can effectively discharge their duties in representing the citizenry.
While senators enjoy immunity from prosecution for actions carried out in their official capacity, they are not immune from investigation for criminal offences. Their assets can also be seized if it is proven that they were acquired with illegitimate funds.
