SAN Demands That Governors' Immunities Be Removed

A senior Advocate of Nigeria, Mohammed Ndarani Mohammed had called for the removal of the immunity clause for State Governors in the 1999 constitution.

In a memorandum titled “In respect of the proposed constitutional amendment” sent to the Deputy Speaker & Honourable Chairman, House Committee on Constitution Review cited by our reporter, read, “With due regards, the above subject refers. We are a team of legal practitioners committed to the advancement of the constitutional jurisprudence of the Federal Republic of Nigeria and have taken advantage of the call for submission of memoranda in respect of the proposed constitutional amendment.

“I hereby forward for your impartial consideration, 5 copies of our memorandum, which has already been sent to the electronic mail provided for the said purpose.

“While we appreciate your commitment towards achieving an egalitarian Nigeria through due process, please accept the esteem of our warm and professional courtesy.

The Senior Advocate of Nigeria requested for amendment of the constitution on the Federal Structure and devolution of Power; Local Government and Local Government Autonomy; Public Revenue, Fiscal Federation and Revenue Allocation; Nigerian Police and Nigerian Security Architecture; Comprehensive Judicial Reforms; Electoral Reforms to strengthen INEC to deliver transparent, credible, free and fair elections; Traditional Institutions; Immunity, The National Assembly and any other matter that will promote good governance and welfare of all persons.

On Immunity, Mohammed Ndarani Mohammed SAN said, “It is our submission that the immunity clause provided for the Governor and Deputy Governor under Section 308 of the 1999 Constitution should be removed and abolished completely.

He reiterated further, “Standard research and findings by social and political scientists show that the immunity clause provided under Section 308 of the 1999 Constitution is an open invitation to impunity, wanton violation and trampling under foot of the fundamental human rights of Nigerian citizens, an expressway to executive criminality, self-aggrandizement and unhealthy self-enrichment drives, which is the bane of our leadership crisis.

“The fact is that because it bars and exempts them from criminal and civil liability, it follows that the Nigerian Constitution shields our leaders from the long arms of the law and gives them an atmosphere under which they could and do commit havoc, both to the economy, social fabric and political health of the country.

“It is our contention that provided under Section 308 of the 1999 Constitution is highly controversial, contradictory, undermines the corporate existence of the nation as an entity of equal citizens and it opens the way for various violations and abuse, hence this ought and should be curtailed so that it is either completely expunged or struck down, or it is qualified.

“That someone is the sitting Governor or a deputy does not and ought not to place that person above everybody else. The immunity clause does not rest on any known human ideal of equality, fairness and justice when it is understood that the occupants of the office of Governor and Deputy Governor in Nigeria continue to enjoy immunity for things done while in office even after they have left office.

“This is where the real danger lies as it simply means that these class of persons are sacred cows, untouchables. We agree with those who argue that "this wide latitude of immunity is a temptation for even the most sanctimonious of people given the high level of societal decadence." Nobody should or ought to be made above the law”.

Recall the House of Representatives Speaker, Rt. Hon. Tajudeen Abbas inaugurated the 43-member Committee on Constitution Review at an inaugural ceremony and citizens’ engagement organised by the Committee on February 26, 2024, in Abuja.

Chairman of the Constitution Review Committee and Deputy Speaker of the House, Rt. Hon. Benjamin Kalu identified certain critical areas that will be considered in the Constitution review exercise, such as entrenching the roles of traditional institutions in the Constitution, increasing the political representation of women, and State access to mines, among others. He assured that the Committee will ensure that every voice is heard, every perspective is considered and that every citizen is empowered to participate in shaping the future of the nation.