…It is spinal cord of corruption in Nigeria
A Senior Advocate of Nigeria, Mohammed Ndarani Mohammed has called for removal of Section 308, from the 1999 Constitution of Federal Republic of Nigeria, (as amended) if the country is serious in its fight against corruption.
Section 308 of the Constitution states that no civil or criminal proceedings can be instituted against the President, Vice-President, Governor or Deputy Governor and they can’t be arrested or imprisoned or a process of any court requiring or compelling their appearance can be issued against them.
Mohammed stated that Section 308 of the Constitution, often referred to as Immunity Clause “is the spinal cord of corruption in Nigeria”.
The senior lawyer attributed the hydra-headed socio-economic and political problems bedevilling the country’s growth to the immunity being enjoyed by governors and their deputies while in office.
“Some of the problems in this country are caused by governors and their deputies because some of them hide under Section 308 of the Constitution to perpetrate all manner of things.
“In view of this, I call on the National Assembly to look at Section 308, nullify it, water it down, struck it down or remove it to a level, where we can have accountability and responsibility from governors.
In a chat with judiciary correspondents in Abuja, Mohammed insisted that corruption, which virtually has eaten deep into the fabrics of the country’s democratic governance is traceable to the immunity clause.
He therefore urged the National Assembly to expunge the section from the constitution, if the fight against corruption must be won.
“I don’t believe in Section 308 of the 1999 Constitution, which bestows immunity on the President, Vice-President, Governors and Deputy Governors of 36 States of the Federation.
“Globally, immunity clause can be acceptable for the President and the Vice-President, but honestly, I am not totally happy with it being applied to governors and deputy governors.
“The immunity clause (section 308) that is embedded in the 1999 Constitution is mischievous, contradictory and violate the rule of law, Mohammed said.
“Immunity Clause does not take cognizance of equality before the law, neither does it take cognizance of fair hearing, nor equal access to the court.
“If all the governors of the 36 States of the Federation are immune, as it’s now how can you promote equality before the law? the SAN queried.
“This set of political office holders can’t be prosecuted or even be compelled to come to court to give witness. Globally, no country has this in it’s Constitution, he posited.
“How will you fight corruption (in Nigeria) when you know that some group of people cannot be sued or prosecuted, yet we operate a constitution that provides for equality of all citizens before the law.
“Immunity Clause gives room for impunity for certain group of people, and certain number of governors are using Section 308 of the Constitution for shade.
“If we are seriously fighting corruption, Section 308 and some other sections should be removed for there to be even development and economic prosperity” Mohammed said.
He lamented that having moved round the world, and conducted researches, he hasn’t seen where governors and their deputies are granted immunity from prosecution.
“Even Section 44(3) of the Constitution, which is an impediment to resource control should also be expunged so that states can be allowed to produce and grow their economies because the Federal Government alone cannot provide all the needs of States.
While supporting the call for a new constitution, he submitted that Nigeria doesn’t need “one to be panel bitting around. Even Section 16, which talks about economy of the country should be reviewed.”
“Nigeria as a country desirous of development needs a complete legal surgery,”he said, adding that contrary to arguments in some quarters that removal of immunity clause will expose governors to litigations and distractions, “if you are prudent, accountable and not corrupt as a governor, you don’t have to be afraid.”