“Only President, VP Should Have Immunity,” Says Sen. Daniel — “Some Governors Treat State Funds As Personal Property”

Gbenga Daniel, senator representing Ogun East, has called for constitutional reforms to restrict immunity from prosecution solely to the president and vice-president.

Section 308 of the 1999 Constitution currently grants immunity to the president, vice-president, state governors, and their deputies. However, speaking on Political Paradigm, a programme aired on Channels Television on Tuesday, Daniel argued that while the immunity clause has its merits, it has been largely abused, particularly by some state governors.

“Immunity has its good sides, but to a large extent, some elected governors appear to have abused it,” the former Ogun State governor said. “Some have virtually turned their states into personal fiefdoms, treating state resources as private property without recourse to the house of assembly.”

Daniel maintained that absolute immunity should be reserved for the country’s two highest offices to protect the dignity of the presidency and enable its occupants to govern without unnecessary distractions.

“I think that only the president and the vice-president should be allowed to have absolute immunity, so they can concentrate on governance and so that no one will embarrass the symbol of the country,” he said.

He further suggested that the immunity currently enjoyed by governors and their deputies should be redefined — shielding them from criminal prosecution but allowing for accountability in other areas of governance.

“The governors and their deputies should have their immunity clarified. Probably, yes, they can have immunity from criminal prosecution, but there are other aspects where they should be held accountable while in office,” he added.

Reflecting on the 1999 Constitution, Daniel described it as a product of intelligent and patriotic efforts, despite its military-era origins.

“That constitution was crafted by the best of civilian brains who just happened to have worked with the military. That doesn’t take away from their intelligence or sense of patriotism,” he noted.

However, Daniel acknowledged the need for constitutional amendments in light of Nigeria’s contemporary challenges.

“I do not agree that the constitution is entirely bad. To that extent, we should examine a few areas, based on our current experiences, and consider necessary amendments,” he concluded.