According to Senior Advocate of Nigeria, SAN, Mohammed Ndarani Mohammed, in order to stop corrupt practices and arbitrary actions, immunity from Nigerian presidents and governors should be completely removed.
He asked for the repeal of Section 308 of the 1999 Constitution so that the Federal Republic of Nigeria may make progress in the fight against corruption and the abuse of power. The governor, deputy governor, president, and vice president are all immune under this provision.
The President and the Governors shall not be subject to any civil or criminal proceedings, nor may they be arrested, imprisoned, or subject to any process of any court requiring or compelling their appearance. This is stated in Section 308 of the Constitution, which grants immunity to the President and the Governors.
According to Ndarani Mohammed, the Immunity Clause, or Section 308 of the Constitution, “is the spinal cord of corruption in Nigeria.”
The top attorney blamed the immunity enjoyed by governors and their deputies while in office for the multifaceted socioeconomic and political issues limiting the nation’s development.
“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, strike it down or remove it to a level where we can have accountability and responsibility from governors.
During an interview with judiciary journalists in Abuja, Ndarani maintained that the immunity clause is to blame for corruption, which has essentially permeated every aspect of the nation’s democratic administration.
Therefore, he argued that if the war against corruption is to be successful, the National Assembly should remove the relevant language from the constitution.
“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, an 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 violates the rule of law, ” Ndarani said.
“Immunity Clause does not take cognizance of equality before the law, nor 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, 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 its 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 groups of people and a 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,” Ndarani Mohammed said.
Having traveled and studied around the world, he bemoaned not having found any places where governors and their deputies are exempt 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 beat around. Even Section 16, which talks about the economy of the country should be reviewed.
“Nigeria needs a complete legal surgery,” Ndarani said.
In opposition to claims made by some that the elimination of the immunity clause will subject governors to lawsuits and other distractions, he stated that “you don’t have to be afraid” if you are a responsible, ethical, and honest governor.
