President Bola Tinubu’s former spokesman in the South-east, Dr. Josef Onoh, has called on the National Assembly on the need to repeal immunity clauses in section 308 of the 1999 Constitution of Nigeria that confers immunity on state governors and 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 hardship in the country.
The minister argued that the federal government was doing enough to end economic hardship in the country, adding that some state governors were allegedly sabotaging the efforts.
Mr Momoh made the remark on Tuesday when he appeared as a guest on Channels TV.
Onoh, while reacting to the minister’s statement said it’s time for Nigerians to separate leaders from looters.
“This has become important so that the next generation of Nigerian youths will not make looting a business career and violent protests a social entertainment.”
Onoh pointed out the need 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.
Onoh also said the federal government was doing enough to end economic hardship in the country, and have extended palliatives to state Governor’s to cushion the hardship in their various states.
“Unfortunately these measures were not promoted by some governors in their respective states which would have helped tame the ongoing protest. some state governors were allegedly sabotaging the efforts.
“With the withdrawal of (petrol) subsidy, Nigerians should know 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.
“So far President Bola Ahmed Tinubu’s grant since he became president is 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.
– *N1 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.
“If the federal government has done all these 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 or pin pointed.
“Rather, it may suffice to predicateit on the doctrine of sovereign 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. 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 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 have 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 continously 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 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 and become part of the people. What an irony!”
