The House of Representatives on Wednesday passed 42 constitutional amendment bills through second reading, marking a significant step in Nigeria’s ongoing push for governance reforms.
This comes a day after 39 similar bills scaled second reading, bringing the total number of constitutional amendment proposals passed in two days to 81.
Among the most significant amendments is a proposal to remove the immunity currently enjoyed by the vice president, governors, and their deputies, a move that has been widely welcomed by Nigerians who see the immunity clause as a major enabler of corruption and impunity among public officials.
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Key Constitutional Amendments Passed
The House moved quickly to approve the amendments, which also include:
- Scrapping of Immunity for the Vice President, Governors, and Deputies: The bill proposes to limit the immunity of the president while completely revoking it for the vice president, governors, and their deputies. This means that once passed into law, these officials can be investigated, arrested, and prosecuted while still in office.
- Separation of the Attorney-General and Minister of Justice Offices: The bill seeks to ensure that the Attorney-General of the Federation (AGF) and state Attorneys-General operate as independent legal officers, rather than as political appointees who could be influenced by the executive arm of government. This is aimed at strengthening the rule of law and reducing political interference in legal matters.
- Gender and Citizenship Rights: Another amendment aims to grant automatic Nigerian citizenship to foreign spouses of Nigerian women, a right that is already granted to foreign spouses of Nigerian men. The bill also proposes mandatory youth and women representation in government appointments.
- Creation of New States: Some of the amendments propose the creation of Ijebu State, Ife-Ijesa State, Tiga State, Orlu State, and Etiti State, reflecting the long-standing agitation for more state representation across different regions.
Why Scrapping Immunity Is a Major Talking Point
The removal of immunity for governors and Vice presidents has been one of the most talked-about constitutional amendments, as many Nigerians believe that the clause has served as a shield for corruption, abuse of power, and reckless governance.
Currently, under Section 308 of the Nigerian Constitution, the president, vice president, governors, and deputy governors cannot be prosecuted or arrested while in office, even if they are found to have engaged in criminal activities. This provision, while originally designed to protect government officials from political distractions, has been widely abused, with many governors allegedly looting public funds while in office and later facing trial only after leaving power.
For example, several former governors, including Orji Uzor Kalu (Abia), Joshua Dariye (Plateau), and Jolly Nyame (Taraba), were convicted for corruption years after leaving office, alluding that immunity delayed justice.
Nigerians have largely welcomed the proposal to strip governors of immunity, arguing that it will serve as a deterrent to reckless governance. Many believe that if public officeholders know they can be arrested and prosecuted while in office, they will be forced to act more responsibly.
Many have also pointed out that while past efforts to amend the constitution have failed, this proposal should be pursued to completion to break the cycle of impunity.
Fast-Tracked Process Raises Concerns
Despite the widespread support for the amendment, some have raised concerns about the speed at which the bills were passed through second reading without debate. It is argued that constitutional amendments of this magnitude require extensive public consultation and scrutiny to ensure they serve the best interests of the people.
The removal of immunity, in particular, could have political implications, with fears that opposition figures in power may face politically motivated legal battles. Some political analysts warn that without judicial reforms, politically exposed persons could still manipulate the legal system in their favor.
Will These Amendments Succeed?
For any constitutional amendment to take effect in Nigeria, it must:
- Pass with a two-thirds majority in both the House of Representatives and the Senate.
- Be approved by at least 24 out of the 36 state Houses of Assembly.
Historically, most proposed constitutional amendments in Nigeria do not survive this process, as state lawmakers—who are often loyal to their governors—have blocked previous attempts to remove immunity.
However, with growing public pressure for governance reforms, this attempt could gain more momentum. The coming weeks will reveal whether lawmakers, particularly in the Senate and state assemblies, will support the move or sabotage it to protect their political allies.