President Bola Tinubu’s former spokesman in the southeast, Dr. Josef Onoh, has called on the National Assembly to repeal the immunity clause in Section 308 of the 1999 Constitution of Nigeria, which confers immunity on state governors and their deputies.
This call follows remarks by Nigeria’s Minister for Niger Delta Development, Abubakar Momoh, who indicated that the poor performance of certain state governors was contributing to the economic hardship in the country. The minister argued that while the federal government is making significant efforts to alleviate economic struggles, some state governors are allegedly sabotaging these initiatives.
Mr. Momoh made his statements on Tuesday during an appearance as a guest on Channels TV. In response to the minister’s comments, Onoh stressed the importance of distinguishing between genuine leaders and looters, warning that the next generation of Nigerian youths could view looting as a viable career option and violent protests as a form of entertainment.
Onoh emphasized the urgent need to repeal the immunity clause in Section 308, asserting that it fosters unaccountability and corruption in governance. He stated that while the federal government has extended palliatives to state governors to help mitigate hardship in their regions, these measures have not been effectively promoted by some governors, which could have helped quell ongoing protests.
With the withdrawal of the petrol subsidy, Onoh noted that funds are being made available to various tiers of government, both state and local, and these resources are expected to improve the livelihoods of ordinary Nigerians. Since taking office, President Bola Ahmed Tinubu has introduced several grants: N570 billion Livelihood Support Fund: Released to the 36 states to expand livelihood support for citizens.
N50 billion NELFUND: Allocated to a student loan scheme funded by proceeds recovered from crime by the EFCC. N50 billion Credit Corporation: Funded from recovered crime proceeds to help Nigerians acquire essential products without immediate cash payments.
N200 billion Consumer Credit Corporation: Established to assist Nigerians in acquiring essential products without immediate cash payments. N1 billion Single-Digit Loans: Allocated to large manufacturers to boost production and stimulate growth.
Direct interventions to states include:
1. N5 billion palliative package for each state and the FCT to alleviate the effects of the fuel subsidy.
2. $617.7 million IDICE program for 36 states and the FCT, aimed at training 25,000 youths in each region.
3. 42,000 metric tons of grains distributed to all 36 states and the FCT.
4. Allocation of 20 trucks of rice to each state and the FCT.
5. The CBN donated 2.15 million 50kg bags of various fertilizers, valued at over N100 billion, to the Federal Ministry of Agriculture and Food Security for free distribution to farmers across the states and FCT.
If the federal government has implemented all these measures and hardship still persists, it is indeed unfortunate, reinforcing Onoh’s call for the National Assembly to repeal the immunity clause for governors and their deputies in the constitution.
Onoh remarked that the origin of the doctrine of immunity is elusive. It can be argued that it stems from the concept of sovereign immunity, a feudal principle dating back to ancient England. This principle was introduced to Nigeria during its colonial period and is inherited as part of the Commonwealth under British influence. The doctrine of sovereign immunity implies that “the king can do no wrong,” and has evolved into a principle that allows governors to act with impunity, evading legal repercussions.
In Onoh’s view, the Nigerian experience with the immunity clause has been horrendous and traumatic, resulting in social anomalies characterized by misgovernance and underdevelopment. The immunity clause has acted as a conduit for the siphoning of the nation’s wealth by leaders who face little fear of litigation or accountability. He asserts that now is the time for change if Nigeria is to overcome its current challenges.
Take a look at the 33 Oyo LG Chairmen who recently pulled out of ALGON over the Supreme Court ruling on autonomy, which granted financial independence to local governments across the country, while declaring absolute loyalty to their governor—this at the expense of the liberty and welfare of the masses at the grassroots level. Observe the protesters who stormed a warehouse where palliatives delivered to their state by the president were hidden instead of being distributed to the people; this impunity was a direct result of immunity.
I’ve always maintained that constitutional immunity serves as both a protective shield and a legitimate instrument for corruption and money laundering by crooks masquerading as public officials. In reality, this clause has created a class of individuals who believe themselves to be above the law. I urge the National Assembly to repeal it and liberate Nigerians. Doing so will end protests and restore the rule of law in Nigeria.
While governors may oppose immunity solely for the president, it is common sense to confer immunity on the president because the office and decisions of the president in defense of our nation warrant sovereign immunity. Governors, on the other hand, only manage internal affairs, while the president navigates matters of both national and international importance.
The defense of immunity has rendered ineffective the machinery established by the government, such as the Economic and Financial Crimes Commission (EFCC). The Kogi State standoff has tarnished the reputation of the agency, which in turn has damaged our image as a country. Other bodies like the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Code of Conduct Bureau are also meant to sanitize society of corruption and other vices.
Consequently, many Nigerians, including the protesters, have called for the strengthening of these agencies. The removal of the immunity clause is essential for the Nigerian people to benefit from the vast wealth and resources of the nation, which are often laundered abroad. It’s time to renew hope.
We have consistently urged Nigerians to hold their state governors accountable before and during these hardship protests. This advice, however, can spell doom for any citizen who attempts to do so; it would become an offense, one which an incumbent executive officer cannot be prosecuted for, while an ordinary citizen would be swiftly convicted for similar actions. This creates a lack of respect for the rule of law, which should ensure equality for every Nigerian. Although the non-prosecution period for public officials lasts only through their term, the time an ordinary citizen must wait effectively amounts to ‘justice delayed and justice denied.’
This is why establishing state police under the control of state governors could spell disaster for every Nigerian. Nothing can ever be achieved through protests. President Bola Ahmed Tinubu’s administration is doing its utmost to stabilize the economy, yet it is being sabotaged. Hence, it is up to us to unite and ensure our success as a nation. If we fail, we are currently dealing with protesters, but if we do not put an end to the protests and work together, today’s protesters may foster a next generation that views looting as a career and violent protests as an acceptable way of life.
The fate of our nation rests in the hands of our National Assembly. We have only one country, and it is our collective responsibility to stop blaming others and truly represent the people. Political office is not a job; it is temporary, and once we leave office, we will return to the people and become part of them. What an irony!
