Tag: immunity clause

  • Immunity clause removal will save democracy, says Onoh

    Immunity clause removal will save democracy, says Onoh

    President Bola Tinubu’s former campaign spokesman in the southeast, Dr. Josef Onoh, has states the move by the National Assembly to repeal the immunity clause in Section 308 of the 1999 Constitution is a timely to save democracy and promote its entrenchment in the nation’s polity.

    Onoh’s acknowledgment came on the heels of the House of Representatives second reading on the bill seeking for retention of the immunity clause for the President of Nigeria while removing it for the Vice President, the Governors and their Deputies.

    Hailing the lawmakers, Onoh stated that if the members of the National Assembly want a nation where accountability and crime will be reduced, it is pertinent that they all support the removal immunity on the executives.

    “Once the immunity is removed, it will limit the issues of Economic and Financial Crimes Commission, EFCC, going after former Governors and the Governors will accord themselves respect and decency. It’s then that proper democratic ethos would be enshrined because immunity has destroyed democracy in Nigeria and its exploited by every administration,” Onoh stated.

    He recalled that he had long maintained his stand against the insertion of immunity for Governors and their deputies, stressing that the clause currently shields state governors and their deputies from prosecution, leading to unaccountability and corruption in governance.

    Onoh emphasised the need to distinguish between true leaders and those who merely loot public resources, warning that if action is not taken, future generations of Nigerian youths might view looting as a legitimate career path and violent protests as a form of social entertainment.

    He highlighted the importance of repealing the immunity clause, stating that “The immunity clause in Section 308 of the Nigerian Constitution is an anomaly that breeds unaccountability and corruption in governance.”

    He stressed that the clause has allowed leaders to evade responsibility, leading to widespread mismanagement of public funds.

    According to him: “With the withdrawal of the petrol subsidy, money is being made available to different tiers of government, both state and local. These funds are intended to benefit and improve the livelihoods of the Nigerian masses.

    “In my opinion, the Nigerian experience with the immunity clause has been horrendous and traumatic, leading to bad governance and underdevelopment. I’ve always maintained that constitutional immunity serves as a protection shield or a legitimate instrument of corruption and money laundering by crooks masquerading as public officials.

    Read Also: JUST IN: Reps rescind decision on bill seeking to strip VP, Governors of immunity

    “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.

    “In as much as the governors will oppose immunity for the president alone, it is 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 to international affairs. The defense of immunity has rendered ineffective and impotent the machinery set up by the government through the EFCC.

    “Finally, the fate of our nation is in the hands of our national assembly, this will be one of the greatest political and national milestone ever achieved since independence. 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!”

  • ‘National Assembly should remove immunity clause’

    ‘National Assembly should remove immunity clause’

    A chieftain of the All Progressives Congress in Ondo State, Omo’ba Abayomi Adesanya, has called on the National Assembly to review Section 308 of the 1999 Constitution  that provides immunity for the President, Vice President, governor and deputy governor from prosecution.

    Speaking with reporters in Akure, the state capital, he said: “It is high time we reviewed, amended or expunged Section 308 of the 1999 Constitution (as amended.)

    “Without doubt,  the clause has done more harm than good to our country. It has given room for criminals to perpetrate evil agenda against our nation.

    “The Immunity Clause portends anti-democratic tendencies that aid corruption and criminality. the politician said it should either be reviewed to exclude crimes and corruption, or be expunged completely.”

    Adesanya alleged that  some governors, who are chief executives and chief security officers of their states, are inciting members of the public to maim and kill people; encouraging public to take laws into their hands by involving in extra-judicial killings.

    He also alleged that some of them aid thugs to beat up judicial officers and judges as witnessed in Ekiti, Rivers and some other states, adding that these governors are covered by this evil law called immunity

    He said some governors may be having criminal charges hanging on their neck in various courts in the country; ranging from killings, cyber crimes and criminal diversion of public funds.

    He lamented that such people are being shielded by the law because they enjoy immunity.

    He added: “With this, other criminally minded persons would aspire to become governors, at least, to escape trials, if not justice, as seen in some cases in the country. “

    The politician said many governors hide under the clause to milk their states.

    He added: “there should not be immunity for political rascals and electoral fraudsters occupying seats of power because, absolute power corrupts absolutely, he said.

    Adesanya appealled  to Nigerians to support the clarion call for the review, amendment or total removal of the clause.

  • ‘Immunity clause not necessary for NASS leaders’

    A member of the House of Representatives, Hon. Olajide Jimoh, has said that the agitation for immunity for the Senate President and the Speaker of the House of Representatives is unnecessary.

    He said in a statement in Lagos that Nigerians are not supporting the agitation.

    Jimoh, who represents Lagos Mainland Constituency, said: “What’s expected of legislators is absolute commitment and loyalty to this country. We need to be transparent in our conduct to the people of this country and do what is right at any point in time. Nigerians are not expecting lawmakers to be lawbreakers”.

    He added: “What do you need immunity clause for when you don’t have hidden agenda. As lawmakers, we should show an exemplary good leadership style to the world. As far as I am concerned, immunity clause is not worth it for lawmakers; either for the Senate President or the Speaker of the Federal House  of Representatives.”

    He added: As far as I am concerned, immunity clause is not worth it for lawmakers; either for the Senate President or the Speaker of House  of Representatives.

    Jimoh maintained that immunity for NASS leadership would thwart the country’s democracy.

    “Any lawmaker, who is guilty of  corruption or money laundering should face the consequences,” he said”Any lawmaker, who is guilty of  corruption or money laundering should face the consequences,” he said

    On the ministerial nominees of President Muhammadu Buhari, he said that the nominees were all qualified to be ministers, adding that those of them that have been screened so far have displayed their ability to perform during the screening at the senate.On the ministerial nominees of President Muhammadu Buhari, he said that the nominees were all qualified to be ministers, adding that those of them that have been screened so far have displayed their ability to perform during the screening at the senate.

     

    “According to the constitution of Nigeria, they are all qualified. Therefore, they won’t find it difficult to oversee any ministry they are given.”According to the constitution of Nigeria, they are all qualified. Therefore, they won’t find it difficult to oversee any ministry they are given.

     

    “We all know President Buhari as a man of vision. I am assuring you that his ministers would work in line with his vision to achieve the best. Quote me anywhere, this government would prove doubters wrong with their positive performance.”We all know President Buhari as a man of vision. I am assuring you that his ministers would work in line with his vision to achieve the best. Quote me anywhere, this government would prove doubters wrong with their positive performance.

     

    “I am expecting Nigerians to support the ministerial nominees to achieve the vision of our president. We are over 150 million in population including men, women, youths, children, all of us won’t be ministers at the same time, but whoever the president chooses to be ministers let us support them so that they can perform,” he said.”I am expecting Nigerians to support the ministerial nominees to achieve the vision of our president. We are over 150 million in population including men, women, youths, children, all of us won’t be ministers at the same time, but whoever the president chooses to be ministers let us support them so that they can perform,” he said.

     

    The lawmaker then urged Nigerians to always pray for President Buhari, his cabinet members and the country.The lawmaker then urged Nigerians to always pray for President Buhari, his cabinet members and the country.

     

    “Among the ministerial nominees are men, women, and youths with wealth of experience to change the country for the better. Therefore, pray for them because some cabal don’t want President Buhari’s government to achieve its aim of changing the country for the better,” he stated.”Among the ministerial nominees are men, women, and youths with wealth of experience to change the country for the better. Therefore, pray for them because some cabal don’t want President Buhari’s government to achieve its aim of changing the country for the better,” he stated.

     

  • Islamic Council seeks removal of immunity clause

    The Nigerian Supreme Council for Islamic Affairs (NSCIA) has called for the restructuring of the presidential system and adoption of federalism.

    It called for a part-time bi-cameral legislative system, including the reduction of the number and salaries of lawmakers.

    The council called for the removal of immunity clause from the constitution to strengthen anti-corruption campaigns.

    The organisation, in a memorandum to the National Conference, urged Nigeria to retain its membership of international organisations like the Organisation of Islamic Countries (OIC) based on merit and not sentiments.

    In the memo signed by its Secretray-General, Prof. Ishaq Oloyede, the body recommended the adoption of Hijab (Islamic veil) as part of the national dressing code.

    The NSCIA said: “It is obvious to all stakeholders that the current presidential system of government is too costly. We need to restructure our presidential system of government to avoid waste and corruption.

    “There is a clamour for the parliamentary system of government, though it is not the system that is entirely bad, but the operators. There is need to modify the presidential system to curb waste.

    “The federal system, in its true sense, is the best for a complex, diverse, multicultural and multi-religious country like ours. This is not a case for confederation but an argument for real/modified federalism that is more suited to the Nigerian context.

    “Nigeria should collapse the states and adopt a federation of six regions or zones. The regions should have regional governments with their education system and economic independence. The centre should be concerned with external relations and territorial security with no overbearing influence on the regions. There is need for clear devolution of power from the centre to the proposed regions for efficiency.”

    The Islamic body called for full implementation of the report of the Justice Muhammadu Uwais Electoral Reform Committee.

    It said: “Free and fair elections are the oxygen of democracy. The whole essence of democracy is threatened in the absence of electoral integrity. Elections in Nigeria have not always been free and fair, as each government in power tries to manipulate them to serve its interest.

    “There is an urgent need to overhaul our electoral system. Nigeria must institutionalise free and fair elections. We recommend that the Uwais Committee Report be revisited before the 2015 elections. We particularly advocate that independent candidature be allowed at all stages of elections in the country and INEC be truly independent and allowed to appoint its officials instead of the present arrangement.”

    On the war against corruption, the NSCIA said: “We recommend that the immunity clause be expunged from the constitution so that elected officials will know that if they are caught doing anything wrong, they have no hiding place, as justice delayed is justice denied.

    “Even if any form of immunity clause is to remain, it should be made possible for a person who leaves his office or ends his tenure to have the clause lifted for a period long enough for him to be probed before they move into another office.”

    On the derivation formula, the organisation said it should be applicable to only onshore proceeds.

    It said: “Nigerians should not be made to believe that they live in different continents. The NSCIA does not oppose derivation that is designed to reward efforts and to compensate oil-producing areas for environmental degradation (which by the way applies to all other natural mineral resources). The status quo of current onshore proceeds and the derivation formula is supported.

    “We recommend that the offshore exploration proceeds, which do not belong to any of the littoral states, be excluded in any calculation for derivation.”

    The NSCIA made submissions on what should be the religious outlook of the country.

    In a subtle reference to the controversy on OIC and D8 countries, the organisation said: “International relations are based on merit, not sentiments.

    “We recommend that Nigeria should relate with other countries and international organisations that will serve her socio-economic interests. A situation in which political and economic affiliations with other bodies are criticised or discouraged on the basis of religious sentiments, despite the huge gains accruable from them, is not in the interest of the nation.”

    NSCIA also said: “We recommend that the period between 12:30pm and 3pm should be declared work-free every Friday, such that Muslims in private and public sectors are able to observe their religious responsibilities without hitches or encumbrances. Similarly, the activities of schools and other official functions across the country should not be scheduled between 12:30pm and 3pm on Fridays.

    “We recognise the Islamic calendar as another universally accepted dating method; recognise it is as such constitutionally and declare Muharram 1 a public holiday.

    “We that if Christians do not accept the observance of weekend Sabbath as a concession in a multi-religious Nations, then neutral days of Wednesday and Thursday should be declared work-free instead. But if Sunday and Sabbath must be observed, we must be honest enough to concede the absolute needs of others.If Nigeria is said to be secular, it has to be total and not half hearted.

    “We also recommend that it should not be made illegal for anyone to harass, persecute, punish or molest a Muslim for dressing in accordance with the demands of his/her faith. The National Youth Service Corps (NYSC), security services, school authorities and public hospitals need to be properly advised.

    “In a federation, each unit is allowed to express itself fully without infringing on the rights of others. Hijab, in different forms, is prescribed and Muslims do not understand the hatred and hullabaloo on what Muslims wear when it does not infringe on what others wear.”

  • Reps reject immunity for President, VP, governors, deputies

    Reps reject immunity for President, VP, governors, deputies

    The House Representatives has voted for the removal of the immunity clause for President, Vice President, Governors and their Deputies on criminal cases.

    The lawmakers however granted autonomy to local government councils, split the office of the Attorney General and Minister of the Justice into two as well as placed the Auditor General of the Federation on first line charge from the federation account.

    The office of the Accountant General was split into two with one for the Federal Government and another for the Federation. The office of the Accountant General is now to be funded directly from the Federation Account.

    The appointment of the Accountant General of the Federation shall now be made by the President on the recommendation of the National Economic Council, subject to the confirmation by the Senate.

    Two clauses on the immunity for the members of the National Assembly and state House of Assembly were stepped down

    State independent Electoral Commissions have been scrapped and the Independent National Electoral Commission is now to conduct elections in the states and local governments.

     

     

     

  • Azazi calls for review of immunity clause

    FORMER National Security Adviser to President Goodluck Jonathan, Gen. Owoye Azazi, yesterday called for a review of the Immunity Clause.

    The clause protects public officers from prosecution.

    Azazi spoke at the Fourth Christopher Kolade Symposium hosted by the Nigerian Leadership Initiative (NLI) in Lagos.

    He said there was need to define the level and type of immunity every public officer gets.

    According to him, a public officer who launders money or steals from public treasury should be prosecuted whether he has immunity from prosecution or not.

    He said the immunity clause should be applied sparingly to ensure that public officers are held accountable for their actions at all times.

    He called for the creation of national intelligence data centre, which makes it easier for government to access the data of anyone that commits a crime without delay.

    The former security chief said government should focus on new security realities, adding that security is a continuous and dynamic process that needs intelligence gathering.

    “We need to assess the security to see what should be put in place, be it legal, improved network and capacity building for security agencies,” he said.

    Aziza, who spoke on the theme: “Moving From Developing To Emerging Nation: Economic and Political Development With National Security”, said the police need to be reformed with a lot of discipline brought to the force. He urged Nigerians to be more security conscious and responsible, saying without this, the security and intelligence agencies would not be able to work optimally.