A former Attorney-General of the Federation and Minister of Justice, Kanu Agabi, has called for the removal of the immunity clause in Nigeria’s 1999 Constitution, describing it as a major barrier to tackling corruption in public office.
Agabi made the assertion on Friday while delivering a lecture at the 15th convocation ceremony of the National Open University of Nigeria in Abuja.
The Senior Advocate of Nigeria took aim at Section 308 of the Constitution, which grants immunity from prosecution to the president, vice-president, governors, and their deputies while in office. He argued that the provision, initially designed to safeguard national stability, has instead been widely abused.
According to him, the clause has now reached a point where it threatens the country’s democratic foundation and should be scrapped.
Agabi maintained that no public official should be above the law, even temporarily, stressing that the damage caused by retaining the immunity clause far outweighs any potential risks associated with its removal.
He said the country must decide between enduring the consequences of abuse of power under the current system or allowing accountability to prevail, even if it exposes top officials to legal challenges while in office.
Beyond constitutional concerns, Agabi urged Nigerian leaders to take a stronger and more vocal stance against corruption, lamenting what he described as a troubling silence among those in power.
He criticised the current focus of governance, warning against prioritising material or “stomach infrastructure” over moral leadership and integrity. According to him, the voice and example of leaders play a more critical role in shaping national values than physical development projects.
Agabi also linked Nigeria’s persistent corruption issues to flaws in the electoral system, arguing that the lack of free and fair elections contributes significantly to unethical governance.
He noted that when political leaders gain power through questionable means, it sets a precedent for citizens to adopt similar unethical practices in their own pursuits.
Agabi concluded that meaningful progress in the fight against corruption would remain elusive until Nigeria conducts credible elections that inspire public trust and reinforce accountability at all levels of government.