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Section 308(1) provides:
"Notwithstanding anything to the contrary In this constitution, but subject to subsection (2) of this section.
(a)no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office.
(b)a person to whom this section applies shall not be arrested or imprisoned during that period either on pursuance of the process of any court or otherwise; and
(c)no process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued;
Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office.
This is the pointed position of the ugly 1999 constitution, Nigeria.
When I take a meticulous and closer perusal,study of the Nigerian political state I weep.The openness of abuse of our cultural, political and socioeconomic values with much impunity is really shaming and tarnishing to our national image if actually there's an image to protect again.
The Makers of the aforementioned section ,308 supra ,were tactfully corrupt as at 1979, when the section was enshrined in our laws. The section has been the bane of Nigeria's political and socioeconomic backwardness, stunted elevation and zero rapid growth all-round. The so-called immunity clause has nothing to shade or protect other than to protect and shade corruption off our eyes as the elites swim in the stupendous wealth of the Nations glory.
The immunity has nothing to protect when the said leader to be protected has a soiled hand before he assumed office.
The said clause is executive rascality,madness.
It is perforated and leaking.
The constitution we have today, is a misnomer.
The primary aim of this clause is that our executives should be shaded off any libel suits that will distract them from discharging their functions accordingly,but the news has changed.
What we have now is an open abuse, disrespect and disregard of our ground norm ,the constitution with all seriousness and no fear.
Tell me why the Governor, his deputy or the president or his VICE should be exceptionally shaded off corruption cases against him when he has soiled hands so clear and alarming.
This is the Major reasons our Nation Nigeria has refused to move forward.
One of the state interest is the Rule Of Law, fair administration of Justice system.
Nobody as the constitution says is above the law of the land. We are all subjects to the constitution, no one can interpret the laws to fit him alone,or to match his personal aspirations and that of his cohorts/family members.
He that must come to equity must be willing and declaratively ready to come with transparency,justice good conscience.
Now,we have a constitution as they said,the chapters 2 of the constitution, where it's not justifiable ,where you can't sue the government or anybody, then why are you providing the immunity for? What it means is that you are only providing immunity for the acts the Governor or deputy Governor or the President or vice is likely to commit as a citizen, because you can't sue the government that there is no Good healthcare, good education or other quality social amenities.
Since the chapters 2 of constitution is not active,then the said 308 clause is immaterial to it logical conclusion.
The do you think that Nigeria will succeed in her progressive visions when a leader who abinitio had criminal proceedings against him in court, finally emerges as the president or Governor will be transparent, as he sees immunity clause to keep secured during his corruption days in office.
Someone has police case ,as soon as became a leader, the files got missing,what then is the nonsense immunity clause guiding?
Coming to the legislators, they are the ones making this issue more difficult.
The Nigerian people are really and equally responsible for this nonsense, called immunity clause or whatchamacallit?
When we elect dunce ,incoherent men and bands of amateurs as legislators, what do we expect in return,slap dashed laws, laws against fellow Man, laws running afoul of already established rule of laws,yes.
These men can only give what they have or have learnt (Nemo DAT quod non Habet).
Some legislators don't Even know their very existence in the House.
Until Nigerians elect reasonable and responsible legislators, the Political growth remains a mystery,mirage and welcomed nightmare.
Illegality begets illegality when the true guiding laws are not set and there can never be progress when the constitution is being cowed.
Immunity does not help the political development of Nigeria.
Immunity does not encourage accountability in office.
Immunity is executive rascalism
Immunity encourages irresponsibility,it encourages people who are in that position to go to sleep, to commit all manner of crimes,to commit all manner of civil wrongs against other persons.
Immunity clause has no place in modern day Nigeria.
Until this is understood brimly and swallowed hock line and sinker,we can't have a resoundingly responsible and responsive government.
The moment we start thinking on fresh and people oriented constitution, the better for our nation,Nigeria.
The moment we start fishing out the bad and nefarious leaders in our closets,the glorious and more higher we go in the comity of Nations who are called developed worlds.
Together we shall rebuild Nigeria, through transparency, good conscience, faith ,and openness of hearts with total close rank and obedience to the Laws of the Federation.
God bless Nigeria.
God bless the vibrant youths in Nigeria and in diaspora.
I am Aggrey Justice
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