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SAN Ndarani advocates removal of immunity clause from Nigeria’s constitution

A Senior Advocate of Nigeria, Mohammed Ndarani Mohammed, has advocated the removal of Section 308 from the 1999 Constitution of the Federal Republic of Nigeria (as amended).

Section 308 of the Constitution states that no civil or criminal proceedings can be instituted against the President, Vice President, Governor, or Deputy Governor, and they can’t be arrested or imprisoned, or a process of any court requiring or compelling their appearance can be issued against them.

Ndarani Mohammed stated that Section 308 of the Constitution, often referred to as the Immunity Clause, “is the spinal cord of corruption in Nigeria.”

The senior lawyer attributed the hydra-headed socio-economic and political problems bedevilling the country’s growth to the immunity being enjoyed by governors and their deputies while in office.

He said, “Some of the problems in this country are caused by governors and their deputies because some of them hide under Section 308 of the Constitution to perpetrate all manner of things.

“In view of this, I call on the National Assembly to look at Section 308, nullify it, water it down, strike it down, or remove it to a level where we can have accountability and responsibility from governors,” he added.

In a chat with judiciary correspondents in Abuja, Ndarani insisted that corruption, which has virtually eaten deep into the fabric of the country’s democratic governance, is traceable to the immunity clause.

He therefore urged the National Assembly to expunge the section from the constitution if the fight against corruption must be won.

“I don’t believe in Section 308 of the 1999 Constitution, which bestows immunity on the President, Vice President, Governors, and Deputy Governors of 36 States of the Federation.

“Globally, the immunity clause can be acceptable for the President and the Vice President, but honestly, I am not totally happy with it being applied to governors and deputy governors.

“The immunity clause (section 308) that is embedded in the 1999 Constitution is mischievous, contradictory, and violates the rule of law,” Ndarani said, adding that “the immunity clause does not take cognizance of equality before the law, nor does it take cognizance of a fair hearing or equal access to the court.

“If all the governors of the 36 states of the Federation are immune, how can you promote equality before the law? the SAN queried.

“This set of political office holders can’t be prosecuted or even compelled to come to court to give testimony. Globally, no country has this in its constitution.

“How will you fight corruption in Nigeria when you know that some groups of people cannot be sued or prosecuted, yet we operate a constitution that provides for equality of all citizens before the law?

“The immunity clause gives room for impunity for certain groups of people, and a certain number of governors are using Section 308 of the Constitution for shade.

“If we are seriously fighting corruption, Section 308 and some other sections should be removed for there to be even development and economic prosperity,” Ndarani said.

He lamented that having moved around the world and conducted research, he hasn’t seen where governors and their deputies are immune from prosecution.

“Even Section 44(3) of the Constitution, which is an impediment to resource control, should also be expunged so that states can be allowed to produce and grow their economies because the federal government alone cannot provide all the needs of states.”.

While supporting the call for a new constitution, he submitted that Nigeria doesn’t need “one to be panel-bitting around. Even Section 16, which talks about the economy of the country, should be reviewed. Nigeria needs complete legal surgery,” Ndarani said.

Contrary to arguments in some quarters that the removal of the immunity clause will expose governors to litigation and distractions, he noted that “if you are prudent, accountable, and not corrupt as a governor, you don’t have to be afraid.”

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