News
Senate Okays HND As Minimum Qualification For President, Govs …Moves To Strip President, VP, Govs, Dep Govs Of Immunity
A Bill which prescribed a degree certificate as a minimum qualification for any one aspiring to the Office of the President also scaled second reading.
The Bill titled: “A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to provide for the amendment of Sections 65 (2) (a), 131 (d), Section 106 (c) and Section 177 (d) therein, to provide for minimum qualification for election into the National and States Assembly, Office of the President and governors, and other related matters, 2020” was sponsored by Senator Istifanus Gyang (Plateau North).
The Bill seeks to alter Section 131 (d) which deals with minimum requirements for anyone running for the Office of the President.
Section 131 (d) of the 1999 Constitution (as amended) states that the person seeking the office of the President must have “been educated up to at least School Certificate level or its equivalent.”
The Bill said: “Section 131 (d) is now rephrased to read: ‘He has been educated up to at least HND level or’ its equivalent.”
The Bill also seeks to alter Section 65 (2) (a) of the Constitution which deals with the qualifications for intending members of the National Assembly.
The existing 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.
However, the Bill said that Section 65 (2) (a) should now be rephrased to read “if he has been educated to at least National Diploma level or its equivalent.”
For House of Assembly, the Bill seeks the alteration of section 106 (c) of the 1999 Constitution (as amended).
According to the existing Section 106 (c) of the 1999 Constitution (as amended), 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.”
However, the Bill proposed that Section 106 (c) be rephrased to read: “If he has been educated up to National Diploma level or its equivalent.”
The same provision applies to state governors. The Bill seeks the alteration of Section 177 (d) of the Constitution.
Presently, Section 177 (d) of the 1999 Constitution (as amended) provides that any person seeking the Office of Governor must have “been educated up to at least School Certificate level or its equivalent.”
However, the Bill seeks that Section 177 (d) be rephrased to read: “If he has been educated up to at least Higher National Diploma Level or its equivalent.”
A Bill which seeks to legalise the six geopolitical zones in the country also scaled second reading.
The Bill titled: “A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to give recognition to the Six Geo-political Zones and to further introduce a clear demarcation by creating the Federal and State legislative list as a substitute for the existing legislative lists and for other matters, 2020”, was sponsored by Senator Solomon Adeola (Lagos West).
Other Bills seeking to alter the Constitution which scaled second reading and their sponsors include:
“A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to specify the period within which the President or Governor of a state presents the Appropriation Bill before the National Assembly of House of Assembly and for other related matters, 2020” by Senator Opeyemi Bamidele (Ekiti Central).
“A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to provide for the establishment of state police and to ensure effective community policing in Nigeria and for matters connected thereto, 2020”, by Senator Surajudeen Ajibola (Osun Central).
“A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to amend Section 138(d) and Section 139 of the Electoral Act 2010 by deleting Section 138 (d) and adding a new Subsection (3) to Section 139, to reduce the unlawful exclusion of a political party Logo on a Ballot Paper) a Pre-election matter and for related matters, 2020”, by Senator Istifanus Gyang (Plateau North).
“A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to replace the name “Nigeria Police Force” with “Nigerian Police” to reflect their core mandate of providing Civil Services and for related matters, 2020″, by Senator Micheal Opeyemi Bamidele (Ekiti Central).
“A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to amend Section 81 to make provisions for amount standing to the credit of Security Agencies in the Consolidated Revenue Fund to be on First Line Charge and for connected matters, 2020” by Senator Ibrahim Gobir (Sokoto East).
“A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to preclude the establishment of separate Tribunals to hear and determine Pre-election matters and Election petitions, respectively, in the Presidential, National and state Houses of Assembly and Govemorship elections and for related matters, 2020”, by Senator Ovie Omo-Agege (Delta Central).
“A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to provide for establishment of State Police and other related matters, 2020” by Senator Ike Ekweremadu (Enugu West).
In another development, Sitting Presidents will no longer enjoy immunity in criminal matters if the alteration being proposed to the 1999 Constitution by the Senate sails through, it was learnt, yesterday.
Also to lose immunity is the vice president, governors and their deputies in the impending alteration.
This followed the second reading of a Bill titled: “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”, sponsored by the Deputy Senate President, Ovie Omo-Agege.
The explanatory memorandum of the Bill stated that: “This act provides for qualification of the immunity clause to exclude immunity for public officers referred to in Section 308 from criminal liability where the offence involves misappropriation of funds belonging to the federal, state or local government and also the use of thugs to foment violence.”
Section 308 of the 1999 Constitution (as amended) reads: “(1) Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section – (a) no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office; (b) 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; and (c) no process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued:
“Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office.
“(2) The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party.
“(3) This section applies to a person holding the office of President or vice president, governor or deputy governor; and the reference in this section to “period of office” is a reference to the period during which the person holding such office is required to perform the functions of the office.”
The proposed Bill provides that a President, vice president, governors and deputy governors shall lose their immunity if they are investigated by security and anti-graft agencies, including the courts.
The Bill said in part that: “Section 308 of the Principal Act is altered by (a) Substituting for subsection (2), a new subsection “(2)” –
“(2) The provisions of subsection (1) of this section shall not apply –
“(a) to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party; and
“(b) to persons who hold the office of Vice-President, Governor or Deputy Governor, if it is determined either by the Economic Financial Crimes Commission, Independent Corrupt Practices Commission, Nigerian Police and State Security Service through a collaborative investigation that the said person is indicted by a court of competent jurisdiction for:
“(i) Financial misappropriation of funds belonging to the Federal, State or Local Government; or
“(ii) Sponsoring of thugs to perpetrate violence that cause injury or death of political opponent, a member of his family, agent or personal representative.”
Operatives of the Edo State Police Command have rescued one Osazee Okugbowa from suspected kidnappers.
Moses Yamu, the command’s spokesperson, disclosed this in a statement yesterday, stating that the victim was rescued by operatives of Ologbo Division, Ikpoba-Okha Local Government Area, on Friday, 8th February 2025, at about 5 pm.
Yamu said the victim was kidnapped on 7th February, 2025 by five armed men from his residence in the presence of his family in the Power Line area of Owanoba community.
He stated that the victim had since been reunited with his family after receiving medical attention.
He, however, added that the command is on the trail of the suspects in a bid to arrest them.
Meanwhile, Yamu disclosed that the command has recovered a silver-coloured Toyota Yaris with registration number 535 DR, which was snatched from its owner at gunpoint at Upper Mission Road Extension in Benin City.
He said the car was recovered by operatives of the Okuaihe Division in Uhunmwonde Local Government Area, following a distress call received on 6th February 2025.
He added that the operatives intercepted and pursued the car snatchers, who abandoned the vehicle at Iguomon Community along the Benin-Agbor Road.
Yamu said the car has been handed over to its owner while efforts are ongoing to identify and arrest the suspects.
The All Progressives Congress, APC, in Anambra State has protested the dominance of the Chukwuma Soludo-led All Progressives Grand Alliance, APGA, in the affairs of the President Bola Tinubu-led Federal Government.
The party chairman in the state, Mr Basil Ejidike while speaking at the weekend said the dominance of Soludo in affairs that concern Anambra even at the federal level has become a challenge to the state chapter of the APC.
He said all appointments coming to Anambra from the Federal Government had nominees from APGA, while even rice distributed to all states to cushion the effect of hardship had Anambra’s share rebagged with the picture of the governor and distributed to only APGA members last Christmas.
Appealing to Tinubu, Ejidike said, “Sir, may I seize this opportunity to draw your attention to some challenges confronting the APC in Anambra State, that require your kind intervention.
“The issue of appointments made by the Federal government without recourse to the party is inimical to the growth and success of the party in our state, as these appointees do not reckon with the party at the state level.
“Whereby, most of those who have made and are still making heavy sacrifices for the party have not been adequately rewarded and appreciated, many of those who have gotten juicy Federal Government appointments in the past were mainly non-party members, drawn especially from our rival All Progressives Grand Alliance (APGA).”
He said the trend has not served as a source of inspiration or motivation to party members, and is threatening its strength and enthusiasm of emerging victorious in the Anambra 2025 project.
“At the ward, local government and state levels, our members are being discriminated against, as APGA does not recognize or reckon with those who are not their members in the distribution and allocation of government appointments and incentives.
“More worrisome is the fact that what we as a state get from the federal government as incentives and palliatives are usually sent through the state government.
“Sequel to the above, non-APGA members are denied access to them. It is on record that bags of rice sent as palliatives by the federal government were repackaged, and Governor Soludo’s pictures and APGA logo embossed on those bags, thereby giving the impression that they were provided by the governor.
“This arrangement has continued to diminish our party’s influence and reach within the state, and we are terrified to say the least.
“APC in Anambra have come with a passionate appeal, asking that you (Ganduje) intervene and save our members in Anambra from neglect.
“Your kind intervention, Sir, will bolster the morale of our committed party men and women towards the task ahead,” he added.
Former Vice President of Nigeria, Atiku Abubakar, has cautioned against the misappropriation of funds allocated to the health sector in the 2025 budget, referencing past bizarre claims of animals—such as snakes, termites, gorillas, and monkeys—being blamed for missing public funds. He stressed that such absurd incidents must not be allowed to happen with resources meant for healthcare.
Amid dwindling resources and reduced external support for healthcare services, Abubakar emphasised the need for transparency and accountability in the government’s $1.07 billion budgetary appropriation for the health sector. He called for mechanisms to ensure public audits and proper utilization of every kobo earmarked for healthcare.
The former vice president specifically questioned the government’s failure to provide a detailed breakdown of how it intends to spend over a billion dollars in the primary health sector. He noted that while investment in primary healthcare is crucial for providing Nigerians with accessible and affordable medical services, it would be unethical for the government to allocate such a significant sum without disclosing its intended use.
“The Federal Government has announced plans to spend a whopping $1.07 billion in the primary health sector, in addition to the N2.48 trillion initially proposed for healthcare in the budget,” Abubakar noted.
“What is even more concerning is that this additional funding is largely sourced from foreign loans, with a small portion coming from an international donor agency. Since these loans must be repaid, Nigerians have the right to know the full details and ensure that the expenditure is transparent and well-justified,” he added.
Abubakar further criticized the government for failing to commit to any physical infrastructure projects within the health sector, suggesting that this raises red flags about potential mismanagement or fraud.
According to the government, the funds will be used to improve governance in healthcare and strengthen primary health services nationwide, including recruitment, training, and retention of healthcare workers and teachers. However, Abubakar argued that the government has a poor track record in managing public funds, particularly in humanitarian services, and that Nigerians should not accept vague explanations without clear accountability mechanisms.
“It is difficult to trust this administration’s claims, especially given its history of misleading Nigerians about investments in social infrastructure,” he said.
He pointed out the government’s misleading statements about improvements in tertiary hospitals, despite the reality that many of these institutions lack basic amenities, such as stable electricity supply.
“The Tinubu administration has failed in the health sector due to poor funding. Major diseases in primary healthcare, including malaria, tuberculosis, and HIV/AIDS, remain critical challenges. If this government is truly committed to healthcare, it must clarify how it plans to use this intervention fund to tackle these diseases,” Abubakar stated.
He also criticized the government’s response to the recent withdrawal of American aid for HIV/AIDS treatment, noting that its proposed intervention of N5 billion is grossly inadequate.
“If the Tinubu administration does not present a clear framework for managing this significant health sector investment or subject it to proper legislative scrutiny, then it may be safe to conclude that this is yet another case of public funds being mismanaged under the guise of serving Nigerians,” Abubakar concluded.
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