By Owei Lakemfa
WE need to thank the Honourable Members of the House of Representatives who passed for second reading, the patriotic bill to deregulate the immunity clause. It is patently unjust and undemocratic for only the President, his Vice, state governors and their deputies to enjoy constitutional immunity.
If this bill were to pass, it means that some 1,500 Distinguished and Honourables in our National and State Assemblies will be added to the immunity list.
Titled: ‘A bill for an Act to amend the Legislative Houses, Powers and Priviledges’, it is primarily meant to shield our law makers from the arbitrariness of our law enforcers. The mover, Hon Henry Dickson from the torn umbrella party argued that: “There is the need for the House to propose a procedure that will be followed on whether a member commits a crime or not before he/she is picked up by security officers. We need some laws that will give us protection”.
Other Honourables like Nkiruka Onyejiocha argued for the bill as they claim that legislators in the country are being arrested arbitrarily by security agents ( like the EFCC?) without recourse to due process and the rule of law. I think it is a basic law of self preservation for our legislators to use their position as law makers to protect themselves and possibly their families.
There are some of my compatriots who argue that with the executive unreachable by the electorate because they are ensconced in speeding convoys with menacing armed policemen and agents, only legislators are accessible and that granting them immunity would alienate them from the people. This is a sound argument except that granting legislators immunity may encourage them to work harder at whatever they might be engaged in.
Still others argue that immunity would portray legislators as people who are above the laws of the country they themselves make. This is not a sound argument as the executive arm is also above the laws of the country. In any case, the Honourables have not told us to do what they do, we are simply to do what they say.
I have heard arguments that the bill is dangerous as there might be criminals in the legislative houses. This is not a matter of speculation, it is a reality. There is the former Deputy Inspector General Of Police, Nuhu Aliyu, a highly distinguished three-term Senator who revealed that there are a number of criminals in the National Assembly some of whose files he handled when he was in service. His fellow senators intimidated and shut him up.
In any case, we are all familiar with the case of Hon Maurice Ibekwe of the House of Representatives who was exposed by government as a kingpin of Advance Fee Fraud (419) in the country who unfortunately died during trial. But this is not a cogent argument as criminals also exist in the executive arm, yet they enjoy immunity.
Don’t we know that most of the governors in the 1999 to 2007 era were accused by the Economic and Financial Crimes Commission (EFCC) of looting the treasury ? Can we claim that we are unaware of the fact that even as those of them charged are employing diversionary and delaying tactics, two of them have already been convicted?
We must realise that to be a politician in Nigeria is a thankless job. Secondly, to win or rig primaries and elections is a very costly investment. That is why most of those who get into elective office play tricks with public funds to recoup their investment. But while those in executive office have immunity, the Honourables do not. For equity, we need to balance the polity.
In any case, if ordinary diplomats and ambassadors we send out have immunity in their country of posting, why not the legislators who screen them?
Immunity is designed to allow the beneficiary, the undivided and needed presence of mind to carry out state business otherwise, our country may end up like Italy where Prime Minister Silvio Berlusconi has been stripped of his immunity and now has to run around to defend himself against at least three criminal charges.
The charismatic Italian leader is accused of bribing British lawyer, David Mills to give false testimony to protect his businesses, of tax fraud and false accounting in the purchase of television rights by his company, and trying to corrupt opposition senators, in the manner of Nigeria’s infamous ‘Ghana-Must-Go’
Needless to say, this is all unsettling and distractive for a Prime Minister who otherwise should have his mind preoccupied with matters of state. This prompted Berlusconi to assure his people: “ Nothing will happen, we will go forward. The trials they will hurl at me in Milan are real farces. I will take time out from taking care of government to go there and show them to be liars”.
Rather than our leaders and legislators having to take time off government or law making like Berlusconi to answer criminal charges, we need to clothe them in the armour of immunity.
All I want of our legislators is that they should not forget the rest of us who are at the mercy of security agencies; in a democracy, we need to democratise the immunity clause to cover us the masses.
We need immunity from arbitrary arrest, needless detentions, extortion on the roads and immunity from corrupt politicians and public officers who privatise the public treasury. We need immunity from hunger, poverty, homelessness and deregulation of fuel prices.
Most importantly, as 2011 approaches when the big politicians would unleash their thugs on the electorate, we need immunity from thuggery and stolen mandate by the year 2010.
The very sad commentary about our country is the fact that we never learn anything. The truth is that those who are killing us with corruption are bent on progressing in their dastardly act, while those who are outside are clamouring to enter the same system, and that accounts for ” do-or-die” syndrome in our polity. And, the most pathetic aspect is that fact that there is no plan on ground to redress or remedy the situation. There is no genuine plans to reconstruct this collapsing edifice called Nigeria. It is sad, very very sad indeed!
Our laws are obsolete, otherwise where did we get plea-bargain, whereby Former Governor of Edo was fined N3 million for stealing N4.3 billion and Bode George was sentenced to 2 &1/2 years in prison for stealing over N4 billion.
And our Senators are not ready to pass the freedom of Information (FOI) bill, for the fear it would expose them.
Whither Nigeria?
Sorry… forgot to say great post – can’t wait to read your next one!
The very sad commentary about our country is the fact that we never learn anything. The truth is that those who are killing us with corruption are bent on progressing in their dastardly act, while those who are outside are clamouring to enter the same system, and that accounts for ” do-or-die” syndrome in our polity. And, the most pathetic aspect is that fact that there is no plan on ground to redress or remedy the situation. There is no genuine plans to reconstruct this collapsing edifice called Nigeria. It is sad, very very sad indeed!
Our laws are obsolete, otherwise where did we get plea-bargain, whereby Former Governor of Edo was fined N3 million for stealing N4.3 billion and Bode George was sentenced to 2 &1/2 years in prison for stealing over N4 billion.
And our Senators are not ready to pass the freedom of Information (FOI) bill, for the fear it would expose them.
Whither Nigeria?
The legislators’ demand is immoral, and an abuse of power in the most satanic level.
Number 1, their lifestyle has nothing to show that they deserve reverence not to talk of immunity. Is it Patricia Ette, or is it the house of reps that bought cars at over inflated prices. See the salaries and allowances they accrued to themselves and yet they are not tired of hounding the national treasury. They are neck deep in bastardisation of the power sector. If you give them the chance they will share the whole Nigerian budget and still be hunting for more.
In fact, apart from the president and his vice (and it is only for diplomatic reason and sovereignty) no politician in Nigeria deserves immunity. If you ask me all their bank accounts should be published and updated every day for Nigerians to see their level of gluttony.
Why we are on d subject of deregulation of immunity: why not award immunity to armed robbers, kidnappers, rapists….? D federal legislators esp d legislator who is sponsorin d bill are goin against d tide of public opinion. D other day even pres. Yar adua advocated d removal of d immunity clause frm d constitution to encourage accountability.
Ah what a scientific genious invention our representatives are never acute of protective Law, when it come to defend themselves. They’ve constituted a bounce of illiterates thug with modern device dont worry we will catch up with them one by one if they thought to protect people like Elumelo, they’re joking.
We will send the machine of prosecution against them, with the upgraded of Kirikiri, only am disappointed with the way my father town is being nickname with celeberity like Bode George, i was naked to see how our Kirikiri become a day a world famous city in Nigeria, thank to google, yahoo,facebook and Bode George…… do you know how George IV, descendants quickly asked in Europe to make a change of names, according to Ebay more than 1000 george only yesterday auction their name and speculation had it that the number might sky rocket today as tarders and bidders are expecting a greater shift. George, i will never which anybody to name his progenitors is becoming and synoyme to Ivan the terrible from the famous Alfred Hitchcook night of the silent, in a killers serie…… O ma se oooo George su-kun, that is the way our representatives many of them will be crying after 2011, with their crazy blind mega laws they carving for themselves…… me i no dey worry, we don get superman we go roll them inside Kirikiri or Asokoro windowless maximum prison before the Kirikiri extension for celeberities where beds and flat screen sony Tv will be installed to make place for their family’s and friends cost 100000Naira per night to finance the less privilege Kirikiri……. A bi how una see am Naija, nah progress …. that is the spirit of rule of Law.
I thank una God go bless us Naija
Its a SHAME that Nigerian politicians keep causing problems for Nigeria!
Where are these Honourables when M.K.O,GANI,SOYINKA etc. were fighting the Abacha junta with the last blood in them? POSTERITY WILL NOT FORGIVE ALL THE SELFISH RULERS [Leaders] in Nigeria. They are desperate to scutle the democracy that some people gave their lives for!!!
We are talking about, and even the president of the country is interested in, removing the immunity for president, his vice, governors, their deputies and our representatives are proposing immunity clause for themselves. My God! There is madness somewhere.
If our legislative arm of government begins to use its work of law-making to protect selfish interests, there will come a time when our constitution becomes a set of some people’s family menu (or will you call them rules?) an edition of which must discontinue when new legislators are sworn in. The nation will definitely head for non-negotiable total destruction.
This is not the plan of God. Whether we take it or not, JESUS CHRIST IS LORD OVER THIS COUNTRY. His plan for us is plan of good, not of evil, to give us an expected end. No gate of hades, no demon, no occultist, no legislator shall prevail against it.