By Emman Ovuakporie & Jimitota Onoyume

PRESIDENT of the Nigeria Bar Association, NBA , Mr. Joseph Daudu, yesterday, asked members of the House of Representatives Committee on Constitution Review  to expunge the immunity clause from the 1999 Constitution.

Daudu made this call at a two-day seminar designed to make presentations that would aid members of the ad-hoc Committee on Constitution Review while altering the document.

In his presentation, Daudu said: “The pertinent question is whether in the light of proven cases of corruption among some beneficiaries of the immunity clause, it is still of assistance to leave the clause in the constitution unaltered or amended.

”In other words, in the face of brazen corruption and the fleecing of state treasury being perpetrated at an alarming rate by some beneficiaries of immunity, there is a clarion call for its abrogation.

”There is no doubt that some beneficiaries of immunity have engaged in provable criminal acts of chronic rapacity and abuse of power leading to the loss of billions of taxpayers’ money. “

He asked, “Placed therefore on a scale, does the removal of immunity on account of corruption by beneficiaries displace the age old rationale of providing immunity from prosecution from high office holders?”

But Hon Femi Gbajabamila representing Surulere Federal Constituency, Lagos State pointed out that “the immunity clause is not absolute because it is easy to establish a prima facie case here in Nigeria.”

”It is not absolute because you can be investigated whilst there going by the Supreme Court judgment in Gani Fawehinmi’s case”, Gbajabiamila stated.

”We should not throw away the good sides of the clause because I have a right to go to court, we should retain the immunity clause”.

Judicial reforms
On judicial reforms, Daudu said, “On my part, I subscribe to the view that the provisions of the 1999 Constitution on the judicature are sufficient for now and proposed amendments are a reflection of the inadequacies of the justice sector to drive or operate the present state of the law optimally and devoid of extraneous considerations. “

On the retirement age of judges, the NBA boss said the ages of judges should not be distorted as this will unsettle defined succession pattern.

He explained that “should it be considered expedient, then aspiration to heads of court should be thrown open to all members of the court in issue and indeed all qualified candidates. “