Confab committee votes for removal of immunity

The National Conference Standing Committee on Politics and Governance on Tuesday, unanimously resolved to expunge Section 308 of the 1999 Constitution, which deals with immunity clause.

Arguments were canvassed for either partial or total removal of the clause, with few members supporting the retention of the clause.

However, after heated debate, all members of the committee, including Mike Ahamba (SAN) and Haliru Mohammed who earlier rejected the removal, changed their positions.

Speaking after the unanimous resolution, Co-Chairmen, Chief Olu Falae and Prof Jerry Gana said that the decision was to send a strong signal that Nigeria would no longer condone official corruption.

Falae said: “We are all humiliated by the level of corruption in Nigeria exemplified with the competitive thievery that is going on in the polity.

“So we need to send a powerful and clear signal to Nigerians and to the whole world that Nigeria is determined to make a break from official corruption.

“And by expunging section 308 from the constitution and publicising that action, Nigerians will see that we are serious people, we mean business and we want Nigeria to be clean.

Heartless

“The danger of corruption is not only that it is morally wrong but it also denies billions of dollars to good projects that could create jobs and provide health facilities and education for our children.

“These (corrupt officials) are heartless people sentencing people to penury by stealing the commonwealth.

“This committee has decided by consensus to recommend to the main conference plenary that Section 308 of the constitution to be removed.

“In the new order, the President, Vice-President, Governor and Deputy-Governor will no longer enjoy immunity against and in respect of both criminal and civil liability.”

In his remarks, Gana commended the consensus spirit of the committee and the strength of arguments, which convinced Ahamba and Mohammed to change their positions.

“One feels very impressed by the sound arguments on this matter even by those who had reasons to say there should be protection.

“So, one can see transparency and determination to deal with a very serious problem and one is persuaded by the force of argument.

“The logic is very sound and almost irresistible.

“We should send a very clear and firm message to the Nigerian nation to expunge the whole of that section.

“I pray that this conference will not fail in that task.”

Frivolous Court Injunctions

He, however, said that there was the need for the committee to propose something that will serve as a check to forestall unnecessary court injunctions.

“The problem of Nigeria about court injunction can be very serious. Court injunctions can paralyse governance.”

NAN reports that the committee later agreed to come up with a position on ways to check frivolous court injunctions that are capable of paralysing governance.