Immunity for Principal Officers? A Vindication to Opposing Members —By Eugene Upah

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Eugene Upah|30 July 2016

Only about 2 weeks ago, a motion was raised by some members of the National Assembly seeking for immunity for principal officers. This according to them, would ensure a smooth process and avoid some “unnecessary” distractions posed by the Executive, Judiciary, and the anti-graft agencies moving to probe incumbent senior officials. Apart from asking for an amendment to the constitution to accommodate this move, the NASS members also sought for life pension for members of both chambers.

The Nigerian constitution of 1999, as Amended, allows immunity for The President, Vice President, State Governors, Deputy Governors and the Ambassadors. The idea behind this immunity is to ensure that as Chief Executives, they are not held back with distractions, such as, being sued before a court of law; either as individuals, or as a state or nation. It shields the Executive from the anti-graft czars during the time of their assignment with government. However, immunity doesn’t stop them from being probed (and possibly jailed) outside the shores of Nigeria if found wanting.

The recent allegation by Honorable Abdulmunin Jibrin, representing Kano State in the Federal House of Representatives against the Speaker, Honorable Yakubu Dogara and three other principal officers of colluding  to allocate to themselves, the sum of Forty Billion Naira out of the total One Hundred Billion budgeted for the entire House of Representatives is very alarming. Honorable Jibrin, had penultimate Wednesday, announced his resignation as Chairman, House Committee on Appropriation. When asked, the embattled Lawmaker said he decided to quit, as he could not stand the massive padding the 2016 budget of “change” was undergoing. Whether this is true, or not, it is between the accuser, and the accused.

You would recall that Honorable Leo Ogor, House Minority Leader, championed the pro Dogara Lawmakers to raise the motion for immunity for principal officers. He, Honorable Ogor, was fingered alongside Speaker Dogara and two others. When confronted, the Delta state born Lawmaker explained that it was laughable how only four members out of the over three hundred and sixty members would seat on Forty Billion Naira out of Hundred, adding that he would turn his Constituency into a world business conglomerate, if given such amount of money.

The big question now is, how would it have been possible to investigate the Speaker if he was constitutionally covered by immunity? Would the matter have just been swept under the carpet until after his sojourn as Speaker, or the money would have simply being overlooked as a parting gift to the Speaker and his cronies? The political terrain in Nigeria is the greatest problem of its people. Since the inception of democracy in 1999, two factors have remain consistent with Senate Presidents and Speakers of the House of Representatives. The most common crime of past and present headship of the NASS, has always been embezzlement of funds, or false possession of certificates. Unless, the constitution is amended, and stiffer penalties imposed, the legislative arm of government will always find its way out of huddles like this.

Nigeria needs transparency. Nigeria needs accountability from her lawmakers. Nigerians want to see a better parliament.

Eugene Upah
Is a Social Commentator
simplyeugenik@gmail.com