Democracy Without Immunity

The Nationwide Meeting is, once more, debating the potential for amending the 1999 structure. Whereas that is on, immunity for public officers as contained in Part 308 of that regulation, is in focus as Nigerians name for a revisit of the concept of placing some folks above the regulation by advantage of the general public workplace they occupy.

Part 308 states; (1) However something on the contrary on this Structure, however topic to subsection (2) of this part – (a) no civil or felony proceedings shall be instituted or continued in opposition to an individual to whom this part applies throughout his interval of workplace; (b) an individual to whom this part applies shall not be arrested or imprisoned throughout that interval both in pursuance of the method of any court docket or in any other case; and (c) no technique of any court docket requiring or compelling the looks of an individual to whom this part applies, shall be utilized for or issued:

From the provisions of Subsection 3 of the above statute, it’s clear that the one individuals granted immunity within the Structure embrace: the President, Vice-President, Governor and Deputy Governor. The import of this constitutional conferment is that no civil or felony proceedings must be instituted in opposition to them whereas in workplace.

This provision has precipitated loads of debate, with some calling for the elimination of the protect below which these public officers are lined by deleting the immunity clause. A robust cause, they are saying, is that nobody must be above the regulation.

It ought to, nevertheless, be famous that the rationale behind inserting the immunity clause within the first place was the safety of public curiosity whereby the curiosity of the nation, within the preservation of its highest workplaces, outweigh the inconvenience to the person for the short-term postponement of prosecution and to avoid wasting such public workplace holder from harassment whereas the particular person is in workplace.

Whereas this debate is on, it’s pertinent to notice that the nation is working the American model of the presidential system of democracy. In that nation, the rule of regulation is paramount. That’s to say, nobody is above the regulation.

In Nigeria, there are strategies that solely the President and the Vice President ought to come back below the immunity cowl. As a newspaper, we maintain the view that nobody ought to take pleasure in no matter immunity there may be within the structure. That phrase must be expunged from the regulation altogether.

Referring to the American system once more, Spiro Agnew, President Richard Nixon’s Vice was faraway from workplace and jailed for a minor offence – tax evasion. Nixon himself was virtually impeached on account of his involvement within the Watergate Scandal earlier than he resigned.

Extra just lately, President Invoice Clinton was investigated and virtually impeached for abuse of workplace within the Monica Lewinsky saga. In these three cases cited from the American expertise, they had been serving officers of state. There was no discuss of immunity from investigation and eventual prosecution. So far as Individuals are involved, public curiosity comes first as workplace holders ought to, like Caesar’s spouse, be above board.

Quick ahead to Nigeria, political workplace holders at no matter stage disguise below the immunity cowl to commit fraud, homicide, and all method of infractions and anticipate to get away with them. They, truly, do get away with them. It’s on report {that a} sizeable variety of politically-exposed personalities within the nation, and we imply these nonetheless serving, have felony data nonetheless pending in court docket. Below regular circumstances, the place the rule of regulation is enforced, they ought to not have been allowed to vie for workplace within the first place. Wherein case, the discuss of immunity would have been a non-issue ab initio.

We’re making this contribution to the talk to counter the proposition that anyone in any respect, the President and the Vice President inclusive, must be made to be above the regulation as a result of that’s what immunity entails within the closing evaluation.

In taking this place, we assume that the nation is sincerely aspiring to affix the league of democratic nations. We use the phrase aspiring advisedly as a result of there may be nothing democratic in a system the place the courts and never the poll bins resolve who wins in elections and are sworn into workplace to control. There’s nothing democratic in a scenario the place the chairman of the Electoral Fee, charged with the duty of conducting a reputable election, abdicates this duty and dares any aggrieved particular person to go to court docket. There’s nothing democratic the place the courts overtly subvert the need of the folks.

And as if these usually are not dangerous sufficient, most beneficiaries of that malfeasance are lined by regulation from prosecution below the guise of an ill-conceived immunity clause that additionally protects them from corruption whereas in workplace. The worrisome facet of it’s that those that take pleasure in this abnormality nonetheless handle to take undue benefit of the inadequacies of the judicial system to get a perpetual injunction from prosecution even when they’re now not in workplace.

In our opinion, this abuse and misuse of the intents of the immunity clause are disturbing and should finish. Nigerians deserve the very best democracy has to supply, which incorporates equality earlier than the regulation. Subsequently, we insist on no immunity for anybody.