President Bola Tinubu’s former spokesman in the south east, Denge. Dr. Josef Onoh, has asked the National Assembly to repeal immunity clause in section 308 of the 1999 Constitution that confers immunity on Governors and Deputies.
He was reacting to Minister for Niger Delta Development, Abubakar Momoh, assertion that the performances of some Governors were contributing to economic hardship in the country.
The Minister argued that the Federal Government was doing enough to end economic hardship in the country but that some Governors were allegedly sabotaging the efforts.
Momoh spoke on Tuesday when he appeared as a guest on Channels TV.
Onoh stated that the import of such immunity clause warrants the urgent need to remove the immunity clause in the organic law of Nigeria as an anomaly which breeds unaccountability and corruption in governance in Nigeria.
Onoh stated that the Federal Government was doing enough to end economic hardship in the country, and have extended palliatives to Governors to cushion the hardship in their various states.
According to him, these measures were not promoted by some Governors which would have helped tame the ongoing protests.
He pointed out President Bola Tinubu has so far released N570b livelihood support fund to States; another N50bn to NELFUND for students loan; N50bn Credit Corporation; N200bn Consumer Credit Corporation and N1bn single digit loans to manufacturrers among others.
He listed others as N5bn intervention to States;
$617.7M IDICE to 36 States and FCT with a target of 25,000 youths trained in each state and FCT;
42,000 MT of grains to all 36 states and FCT; Allocation of 20 trucks of rice to each state and FCT
He argued : “If the Federal government has done all this and hardship still persists in the country then it’s unfortunate and the more reason I urge the National Assembly to repeal the immunity clause of the governors and deputies in the constitution.”
Onoh said that the origin of the doctrine of immunity cannot be located but predicated on the doctrine of sovereign immunity practiced from time immemorial as a feudal concept of ancient England.
He stressed: ” It later became a Common Law principle. It was introduced into Nigeria as a colony of Britain. Hence, Nigeria inherited it as one of the Common Wealth countries under the British Crown.
“The doctrine of immunity presupposes that the king can do no wrong”. This concept of sovereign immunity, put differently, immunity of the leader at the apex, was enunciated to make any direct court action or claims against the Crown and today our governors are abusing with impunity.
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“In my opinion, The Nigerian experience of the immunity clause in the constitution has been horrendous, traumatic and have yielded to social anomaly in the sense of mis-governance and underdevelopment.
“The immunity clause has overwhelmingly continued to serve as conduit pipes for siphoning the nation’s wealth by Nigerian leaders without any fear of litigation or challenge and this is the right time to bring change if our nation must overcome our current challenges.
“Take a look at the 33 Oyo LG Chairmen that recently Pulled Out Of ALGON Over Supreme Court Ruling On Autonomy that granted financial autonomy to local government across the country while declaring absolute loyalty to their governor to the detriment of the liberty and benefit of the masses in the grassroots. Take a look at the protesters that had to raid a warehouse that palliatives delivered to their state by the president to cushion the hardship were hidden and not distributed to the people, this impunity was caused by immunity.
” I’ve always maintained that constitutional immunity serves as protection shield or a legitimate instrument of corruption and money laundering by crooks masquerading as public officials. In reality, the clause has not only created a class of people who are above the law and I urge the National Assembly to repeal it and liberate Nigerians. Once this is done it will put an end to protests and enthrone the rule of law in Nigeria.
“As much as the Governors will oppose immunity for the president alone, it’s common sense to confer immunity on the president because the office of the President and decisions of the President in defence of our nation must confer the president sovereign immunity. Governors are only dealing with internal affairs but the president deals beyond national affairs to international.
“The defence of immunity has rendered ineffective and impotent the machinery set up by the government through Economic and Financial Crimes Commission (EFCC), the Kogi State standoff has damaged the reputation of the agency which in turn has damaged our image as a country. Independent Corrupt Practices and other Related Commission (ICPC) and Code of Conduct Bureau, all of which are to sanitize the society of corruption and other vices.
” Therefore, many Nigerians and currently the protesters have asked for strengthening these agencies and the only way forward is for the removal of immunity clause as the only way the Nigerian people can benefit from the massive wealth and resources of the nation which are laundered abroad. It’s time to renew hope.
We have continuously asked Nigerians to hold their state Governors accountable before and during this hardship protest, this is an advice we know will spell doom for any citizen it will automatically become an offence and an offence which an incumbent executive officer cannot be prosecuted, an ordinary citizen will be immediately convicted for such an offence.
“With this, there is no respect for the rule of law which postulates equality for every Nigerian before the law. Though the period of non-prosecution of these public officers is for the period of their offices, the time which the ordinary citizen would have to wait amounts to ‘justice delayed and justice denied’.
“This is why creating state police under the control of state governor will spell doom for every Nigerian.
“Nothing can ever be achieved by protests, President Bola Ahmed Tinubu’s administration is doing it’s utmost best to stabilise the economy and his administration is being sabotaged hence it’s up to us to unite and ensure we succeed as a nation because if we fail, today we are dealing with protesters but if we don’t drop the protest and work together, those protesting today will meet a next dangerous generation that will think looting is a carrier and violent protests, and acceptable way of life.
” The fate of our nation is in the hands of our national assembly, we only have one country and it’s our collective responsibility to stop blaming others and represent the people because political office isn’t a job, it’s temporal and after we leave office we will all return back to the people and become part of the people. What an irony!”