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Former Nigeria‘s military Head of State and Presidential candidate of the Congress for Progressive Change, Gen. Muhammadu Buhari (retd.), has promised to facilitate the deletion of the controversial immunity clause from the nation‘s constitution if he gets the nod of Nigerian voters in the April elections.
”We will amend the constitution to remove immunity from prosecution for elected officers in criminal cases,” Buhari states in his manifesto which was released in Abuja on Monday.
Section 308 of the nation‘s 1999 constitution shields the President, his deputy, the governors and their deputies from criminal and civil prosecution during their term in office.
Sub-section 1 of section 308 says, ”(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.
Sub-section 3 states, ”This section applies to a person holing the office of President or Vice President, Governor or Deputy Governor; and the reference in this section to ‘period of office‘ is a reference to the period during which the person holding such office is required to perform the functions of the office.”
In a country with a multitude of corruption allegations against public officials, there had been hot debate over the propriety of shielding the beneficiaries of the section from being made to go through judicial test, even while in office, if the need arises.
The nation‘s anti-graft agency, Economic and Financial Crimes Commission, for instance, on several occasions had complained that they were helpless in dealing with the alleged corruption by serving governors.
Buhari promises further to initiate action geared toward amending the constitution with a view to encourage true federalism.
”We will initiate action to amend our constitution to amend with a view to devolving powers, duties and responsibilities to states and local governments in order to entrench federalism and the federal spirit,” he states in the manifesto.
Buhari came to power on December 31, 1983 when the second republic government of Alhaji Shehu Shagari was overthrown in a military coup announced by Gen. Ibrahim Babangida (retd.).
Buhari,, interestingly, was also sacked in another coup spearheaded by Babangida on August 17, 1985.
http://www.punchng.com/Articl.aspx?theartic=Art201103014224070
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