Vice President Osinbajo’s proposed immunity waiver: Is constitutional immunity healthy for Nigeria’s democracy?

Recently, Vice President Yemi Osinbajo said he would waive his constitutional immunity to allow him legally defend himself over some allegations against his person and office. This, no doubt, raised some concerns and important questions in the polity. OLASUNKANMI OSO sampled the opinions of Nigerians to enquire if constitutional immunity is healthy for Nigeria’s democracy. Their views:

Abdulfatai Sambo
The recent statement credited to the Vice President that he would waive his constitutional immunity in order to allow robust adjudication of claims of libel and malicious falsehood against his person has expectedly come under intense public scrutiny. This is because section 308 of the 1999 constitution (as altered) confers on the President, Vice President, Governors and Deputy Governors immunity from civil and criminal actions. However, it must be pointed out that section 308 does not preclude the office holders (the Vice President in this instance) from instituting an action. Constitutional immunity is still important in Nigeria’s constitutional democracy in order to allow office holders concentrate on governance. Nevertheless, this should not cover serious or clear criminal act of the office holder.

Saheed Mustapha
Mr Vice President waiving his immunity for legal action is a positive development in our political arena, and it would send robust message to our politicians—that irrespective of the outcome from the judiciary, you must always have fate in them and believe the system. It would serve as a message to every political leaders to take their duties very important, irrespective of their religion, belief and principles. This is a massive sign and a proof to the citizens of this country that the country is moving towards its greatest peak.

Osuji Francis
I would say Yes, in view of Nigeria’s turbulent socio-political history and malicious politics practised in Nigeria. It is a constitutional safeguard intended to protect those recognised under section 308(3) of the 1999 Constitution from detractors and endless lawsuits. I do not think it is disservice to the nation because it does not strip the police of its power to investigate criminal allegations against such persons and their eventual arraignment in court at the end of their tenure, provided a prima facie case has been established against them. Nor are they immune to removal from office by the legislature. Nigerian democracy is still a work in progress. The President or the Vice President may be removed from office for gross misconduct. Governors and their deputies can testify to that.

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Rilwan Balogun
Because of the exigencies of utmost devotion needed in governance, executive office holders need not be distracted or overwhelmed with court cases. People should not perceive the concept of immunity under section 308 of the Nigeria’s Constitution as treating the citizens unequally. Rather, we should be mindful of the fact that there are other legal measures put in place by the constitution that can be used to checkmate the excesses of executive office holders. This, to wit, are impeachment process, judicial review, among others. Admittedly, these are sad days for the country. However, the doctrine of immunity has been working effectively in other sane climes. But, sadly, Nigeria has ended up bastardizing the doctrine to the detriment of its citizenry.

Anthonia Oshiniwe
Our democracy is not matured to the level of doing away with the constitutional immunity in that we do not have people do opposition for patriotism but antagonism. There is a reason for the immunity and it only applies so criminal matters which are never statute barred. Impliedly, the holder of the office could still be prosecuted once he leaves office. Yes, constitutional immunity is healthy for our democracy because our kind of democracy cannot do without the immunity as it saves the office holder the stress of distractions due to the enormity of the workload of the office.

Lanre Oseni
If indeed Mr Vice President felt embarrassed, slandered and lied against, the proper thing in a decent clime was to first ‘throw in the towel’ and thereafter seek redress in a court of law. But, because in Nigeria, most public officers felt ‘dead’ with juicy position, they hardly succumb to first throwing in the towel. The Vice President is a professor of law. He knows better what we are already suggesting. Constitutionally, you cannot waive immunity that you did not give self. That on its own is unconstitutional. The only constitutionally acceptable one is the option of first seeking redress and wait for cover by the court. Power is sweet in the mouth of whoever is licking Nigeria’s honey. It is good Nigerians are enlightened. They would refuse to be deceived.

Ipaye Olasunkanmi
The bedrock of Nigeria’s crisis could be traced to constitutional immunity, where our leaders cannot be held for violation of rule of law. Because of this constitutional Immunity, our judiciary cannot try a sitting president, senators or governors who are alleged of corruption. Osinbajo should not propose immunity waiver for himself alone because he was accused of corruption. Moreover, before he could exercise such powers, he needs constitutional backing since it was not stated in our constitution in the first instance. Nigeria is in dire need of leaders. Leadership is a scare commodity in this country. Should proposed immunity waiver be approved by the National Assembly, it would go a long way to produce ethical leaders in Nigeria.

Dunsin Ogunmoyela
When the news broke out that the Vice President took 90 billion from the Federal Inland Revenue Service to fund 2019 election, I was like the 2023 pranks are on the move. I do not see Osinbajo having any immunity to waive, because the immunity is not for Osinbajo but for the office of the Vice President. Constitutional immunity is no big deal in our present democracy. In Nigeria, immunity covers offices of the president, vice president, governors and deputy governors. Immunity means you cannot take them to court while they are serving and you cannot order them court proceedings. People should not be pointing accusing fingers at Osinbajo. Rather, they should go to court and bring their facts on the table.