The Rivers State Governor, Nyesom Wike, Ekiti State Governor, Ayodele Fayose, and other Governors across the federation, are set to lose their immunity, following the ongoing process at amending some sections of the 1999 Constitution.
This has prompted the Department of State Security Service, DSS, and the Economic and Financial Crimes Commission, EFCC, to start “dusting files” of the various Governors with corruption allegation.
This came against the backdrop of the process of amending section 308 of the 1999 Constitution, which gives immunity to the President, Vice President, Governors, and Deputy Governors.
A bill to that effect, sponsored by Senator Ovie Omo-Agege (LP, Delta), has been referred to the Senate Committee on Constitution amendment, chaired by the Deputy Senate President, Ike Ekweremadu.
Senate President, Bukola Saraki, had before the commencement of Christmas/New Year holidays, said the Constitution amendment would be passed early next year.
Specifically, the bill seen in the National Assembly Journal, proposed the substitution of subsection 308 (2) that presently reads; “the provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity, or to civil, or criminal proceedings, in which such a person is only a nominal party” with a new section.
The proposed amendment reads; “the provisions of subsection (1) of this section shall not apply to, (a) “civil proceedings against a person to whom this section applies in his official capacity, or to civil, or criminal proceedings, in which such a person is only a nominal party”.
Its (b) part reads; “criminal proceedings connected to, related to, or arising from economic and financial crimes”.
Senator Omo-Agege, said like in America, the President, Governors, and their Deputies, should only be immune from civil actions arising from their official actions while in office.
“They are not entitled to immunity from litigation for actions not germane to their work. For example, a President or Governor who buys a car for a child, and refuses to pay, can be taken to court while in office,” he said.
He added that: “also like in the US, there should be no immunity from criminal investigation, or prosecution for crimes committed either before, or while in office.
“Recall, that Mr. Spiro Agnew, while a sitting VP under President Nixon, was tried and convicted for tax evasion while in office. Bill Clinton as a sitting President, was hauled before a grand jury by Independent Counsel, Kenneth Starr, for perjury (lying under oath), while in office as President.“Finally, Elliot Spitzer as a sitting Governor of New York, was tried and convicted for illicit solicitation of sex”.
He expressed optimism that if the amendment is passed, there will be sanity, transparency, and accountability in the Executive arm of government, especially, “treatment of our state resources, which most of them currently treat as slush funds”.
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