THE Time To Remove Immunity Clause For Governors, Deputies Is Now! – JOSEF ONOH

Dr. Josef ONOH
Dr. Josef ONOH
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President Bola Tinubu’s former Spokesman in the South East, Denge. Dr. Josef Onoh, has raised alarm over the conduct of State Governors in Nigeria and  the extent of their impunity in matters economic importance as it affects Nigeria.

 

Onoh, in a Press Release available to SOJ WORLDWIDE called on the National Assembly on the need to repeal the ‘Immunity Clause’ in Section 308 of the 1999 Constitution of Nigeria. That confers immunity on State Governors and their Deputies.

 

This is coming after Nigeria’s Minister for Niger Delta Development, Abubakar Momoh, revealed that poor performances of some State Governors were contributing to economic hardships being experienced in the country.

 

 

The Minister argued that the Federal Government was doing enough to end economic hardship in the country, but that some State Governors were allegedly sabotaging the efforts.

 

Mr Momoh made the remarks on Tuesday, August 7, be 2024 when he appeared as a guest on Channels TV.

 

Onoh in reacting to the Minister’s statement said it’s time for Nigerians to separate leaders from looters so that the next generations of Nigerian youths will not make looting a business career and violent protests a social entertainment.

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Onoh critically pointed out the needs to repeal Immunity Clause in section 308 of the 1999 Constitution of Nigeria. He stated that the import of such Immunity Clause warrants the urgent need to remove the immunity clause in the organic law of Nigeria for it is an anomaly which breeds unaccountability and corruption in governance in Nigeria.

 

The former Lawmaker and  Chairman of Forum of former members of Enugu State House of Assembly stated that the

 

Federal Government was doing enough to end economic hardship in the country, and have extended palliatives to State Governors to cushion the effect of hardship in their various states.

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‘Unfortunately these measures were not promoted by some Governors in their respective States which would have helped tame the ongoing protests.

Some State Governors allegedly sabotaging the efforts of President Tinubu.

With the withdrawal of (petrol) subsidy, Nigerians should know that money is being made available to different tiers of government, both the State and Local Governments, and such monies are expected to benefit and improve the livelihoods of the Nigerian masses.

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So far, President Bola Ahmed Tinubu’s grant since he became President are as follows:-

  • N570 billion Livelihood Support Fund released to the 36 States to expand livelihood support to their citizens.

  • N50 billion NELFUND: Released to the student loan scheme from the proceeds of crime recovered by the EFCC.

  • N50 billion Credit Corporation: Released from the proceeds of crime recovered by the EFCC to help Nigerians acquire essential products without immediate cash payments.

  • N200 billion Consumer Credit Corporation.  Established to help Nigerians acquire essential products without immediate cash payments.

  • 1 billion Single-Digit Loans Payments made to large manufacturers to boost manufacturing output and stimulate growth.

Direct intervention to States 

1. N5B palliative package for each State and the FCT, to cushion the effect of fuel subsidy

2. $617.7M IDICE to 36 states and FCT, with a target of 25,000 youths trained in each state and FCT

3. 42,000 MT of grains to all 36 States and FCT

4. Allocation of 20 trucks of rice to each state and FCT.

5. CBN donated 2.15 Million × 50kg bags of various blends of fertilizers valued at over N100B to Federal Ministry of Agriculture and Food Security, for onward free distribution to farmers through the States and FCT.

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If the Federal government has done all these and hardship still persists in the country then it is unfortunate and the more reason I urged 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 or pin pointed.

 

Rather, it may suffice to predicate it on the Doctrine of sovereignty immunity practiced from time immemorial as a feudal concept of ancient England. (our colonial masters) It later became a Common Law principle. It was introduced into Nigeria as a colony of Britain.

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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.

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 to loot palliatives delivered to the State Governors by the President to cushion the hardships were hidden  in the warehouse and not distributed to the people, this impunity was caused by immunity.

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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 Immunity Clause has not only created a class of people who are above the law, 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.

The defence of Immunity has rendered ineffective and impotent the machinery set up by the government through Economic and Financial Crimes Commission (EFCC).

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The former Kogi State Governor, Yahaya Bello’s alleged N80.2 Money Laundary standoff has damaged the reputation of the agency which in turn has damaged our image as a nation, the 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 of 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 protests, this is an advice we know will spell doom for any citizen, and it will automatically become an offence that 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.

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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 Governors will spell doom for every Nigerian.

 

Nothing can ever be achieved by protests, President Bola Ahmed Tinubu’s administration is doing his 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.

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The faith 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.

What an irony!”

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