§308 Restriction on legal proceedings — CFRN 1999

The Text

Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section: no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office; 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.

Open problem with this section

Issue · §308 grants absolute civil and criminal immunity to the President, Vice-President, Governors and Deputy Governors throughout their tenure. The Supreme Court held in Tinubu v. IMB Securities (2001) that even investigative processes are barred. The result: corruption charges (Joshua Dariye, James Ibori, Lucky Igbinedion) could only be filed after the officials left office, by which time documents had been destroyed, witnesses moved, and trails gone cold. Sitting governors have been documented diverting State funds with no legal route to interdict them during tenure.

What it would take to fix · §308 is in Chapter VI, not entrenched. Amendment requires only §9(2) procedure — 2/3 of both NASS chambers + 2/3 of State HoAs + presidential assent. The 8th Assembly's Fourth Alteration Bill No. 4 (2017) proposed limiting immunity to civil proceedings only, allowing criminal investigation during tenure; it failed at the State HoA concurrence stage — most Governors lobbied their State Assemblies to vote against it. A serious amendment requires either presidential leadership (improbable, since the President benefits) or a sustained civic campaign through the State Houses.

General §9(2) procedure: Per §9(2): a Constitution Alteration Bill must pass each chamber of the National Assembly by a two-thirds majority of all members, then be concurred in by the Houses of Assembly of at least two-thirds (24) of the 36 States, then assented to by the President within 30 days (§9(3A)).

How to cite this section

Constitution of the Federal Republic of Nigeria, 1999 (as amended), §308 — Restriction on legal proceedings. Retrieved from The Republic, therepublic.extrafemi.com/constitution/fct-supplementary/308.

Source · Constitution of the Federal Republic of Nigeria, 1999, as amended · §308