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Amend the constitution to remove immunity from prosecution for elected officers in criminal cases

There is little evidence Buhari’s government has made any significant attempt to fulfil this promise.

The last bid to remove the immunity clause for the president and governors was during a constitutional review in 2014. 

The house of representatives had recommended its removal but this was not done. The removal of the clause was declared a “no-go area” during a constitutional review done in Buhari’s first term. 

Though Buhari used the phrase “elected officers” in his promise, the clause does not shield lawmakers both at the federal and state levels. 

Attempts have been made to extend the privilege to the president of the senate and other presiding officers of the national assembly and the state houses of assembly, but this have been unsuccessful.

A former governor of Plateau state, Jonah Jang, was, for example, prosecuted and sent to prison while a senator. He lost his immunity from prosecution when he ended his tenure as governor. 

Senate president Bukola Saraki was also arraigned at the Code of Conduct Tribunal on the allegation of false declaration of assets.

However, federal and state lawmakers have immunity from litigation for actions during proceedings of the house.

– Africa Check, updated May 2022.

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