President Bola Tinubu’s former spokesman in the South East, Dr. Josef Onoh, has urged the National Assembly to repeal the immunity clause in Section 308 of the 1999 Constitution of Nigeria which 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 hardship 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.
Momoh made the remark on Tuesday when he appeared as a guest on Channels TV.
Reacting to the minister’s statement, Onoh said it was time for Nigerians to separate leaders from looters or the next generation of Nigerian youths would make looting a business career and violent protests a social entertainment.
Onoh emphasised the need to repeal the immunity clause in Section 308 of the 1999 Constitution of Nigeria (as amended).
He stated that the import of such immunity clause warrants the urgent need to expunge it from Nigerian law as it is an anomaly which breeds unaccountability and corruption in governance in the country.
Onoh 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 hardship in their various states.
Unfortunately, he said, these measures were not promoted by some governors in their respective states which would have helped tame the ongoing protest.
He said, “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. N5bn 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 fertilisers valued at over N100bn 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 this and hardship still persists in the country then it is 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 the origin of the doctrine of immunity cannot be located or pinpointed.
“Rather, it may suffice to predicate it on the doctrine of sovereign immunity practised 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 Commonwealth 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 governments 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’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 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 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 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.”