Senate Moves to Strip President, Govs of Immunity from Criminal Prosecution...
Okays HND as minimum qualification for executive, legislative positions
and in Abuja
The Senate yesterday moved to strip the president and governors of immunity from criminal prosecution, passing at second reading a bill, which seeks to amend the 1999 Constitution as amended for that purpose.
Entitled: A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to Qualify Criminal Liability for Certain Public Officers under Section 308 and for Related Matters, 2020 (SB. 322), it intends to ensure prosecution of public officers who commit criminal offences while in office.
A bill also seeking to amend the constitution to make a Higher National Diploma the minimum qualification for the president, governors and legislators also passed second reading.
The immunity bill, sponsored by Deputy Senate President, Senator Ovie OmoAgege, would also strip the vice president and deputy governors of their criminal prosecution immunity.
It seeks to amend Section 308 of the Constitution and ensure the prosecution of public officers who commit criminal offences while in office.
The eligibility bill, sponsored by a member of the Peoples Democratic Party (PDP) from Plateau State, Senator Isfifanus Gyang, also prescribes National Diploma or its equivalent as the minimum qualification for federal and state lawmakers.
The bill seeks to alter the Constitution of the Federal Republic of Nigeria to provide for the amendment of Sections 65 (2) (a), and 131 (d).
It also seeks to amend Section 106 (c) and Section 177 (d) on minimum education qualification for those seeking election into the state legislature, governor, National Assembly and presidency.
The bill seeks the alteration of section 65 (2) (a) of the constitution, which deals with the qualifications for intending members of the National Assembly
The current law, which the bill seeks to amend reads, “A person shall be qualified for election under subsection (1) of this section if he has been educated up to at least School Certificate level or its equivalent.”
Section 65 (2) (a) has now been rephrased to read “if he has been educated to at least a National Diploma level or its equivalent.”
The bill also seeks the alteration of Section 131 (d), which deals with minimum requirements for anyone running for the office of the governor.
The current Section of the Constitution states that the person must have “been educated up to at least School Certificate level or its equivalent”.
Section 131 (d) is now rephrased to read, “He has been educated up to at least HND level or’ its equivalent.”
For House of Assembly, the bill seeks the alteration of section 106 (c) of the constitution.
According to the existing law, anyone aspiring to be a member of the House of Assembly must have “been educated up to at least the School Certificate level or its equivalent”.
But Section 106 (c) is now rephrased to read, “If he has been educated up to National Diploma level or its equivalent.”
The bill seeks the alteration of section 177 (d) of the constitution for governors.
As it is currently, the Section states that the person must have “been educated up to at least School Certificate level or its equivalent”.
However, Section 177 (d) is now rephrased to read, “If he has been educated up to at least Higher National Diploma Level or its equivalent.”
The President of the Senate, Ahmad Lawan, referred the bill to the Committee on Constitution Review after the senators passed the proposed amendment for second reading.