Onoh urges NASS to repeal immunity clause for governors, their deputies

Josef Onoh, President Bola Tinubu’s former spokesman in the South East, has called on the National Assembly to repeal the immunity clause in Section 308 of the 1999 Constitution of Nigeria. This clause currently shields state governors and their deputies from prosecution, a situation Onoh argues has led to unaccountability and corruption in governance.

Onoh’s call for action follows recent remarks by Nigeria’s Minister for Niger Delta Development, Abubakar Momoh, who blamed the poor performance of some state governors for the ongoing economic hardship in the country. The minister asserted that while the federal government has made significant efforts to alleviate economic difficulties, these initiatives are being undermined by certain state governors.

Momoh’s comments, made during an appearance on Channels TV, have sparked debate about the effectiveness of governance at the state level.

Reacting to this, Onoh emphasised the need to distinguish between true leaders and those who merely loot public resources, warning that if action is not taken, future generations of Nigerian youths might view looting as a legitimate career path and violent protests as a form of social entertainment.

Onoh highlighted the importance of repealing the immunity clause, stating, “The immunity clause in Section 308 of the Nigerian Constitution is an anomaly that breeds unaccountability and corruption in governance.” He stressed that the clause has allowed leaders to evade responsibility, leading to widespread mismanagement of public funds.

According to Onoh, the federal government has taken substantial steps to address economic challenges, including extending palliatives to state governors to cushion the impact of hardship in their regions. However, these efforts have not been fully implemented at the state level, exacerbating the suffering of ordinary Nigerians.

“With the withdrawal of the petrol subsidy, money is being made available to different tiers of government, both state and local. These funds are intended to benefit and improve the livelihoods of the Nigerian masses,” Onoh explained, detailing several initiatives by the Tinubu administration, including:

– N570 billion Livelihood Support Fund**: Distributed to all 36 states to expand livelihood support.

– N50 billion NELFUND**: Allocated to the student loan scheme from recovered crime proceeds.

– N50 billion Credit Corporation**: Established to help Nigerians acquire essential products without immediate cash payments.

– N200 billion Consumer Credit Corporation**: Set up to assist in acquiring essential products on credit.

– N1 billion Single-Digit Loans**: Provided to large manufacturers to stimulate growth.

Onoh argued that despite these measures, ongoing economic hardship underscores the need for greater accountability at the state level, beginning with the removal of immunity for governors.

Onoh traced the origins of the immunity clause to the doctrine of sovereign immunity, a feudal concept from ancient England that was later adopted into Common Law and introduced to Nigeria as a British colony. He argued that the concept of sovereign immunity, which initially served to protect the monarch, has been misapplied in Nigeria to shield governors from legal action, fostering corruption.

“In my opinion, the Nigerian experience with the immunity clause has been horrendous and traumatic, leading to misgovernance and underdevelopment,” Onoh said. He pointed to recent events, such as the 33 Oyo LG Chairmen pulling out of ALGON over the Supreme Court ruling on local government autonomy, as evidence of how the clause has been abused.

“Take a look at the 33 Oyo LG Chairmen that recently pulled out Of ALGON over Supreme Court ruling on autonomy that granted financial autonomy to local governments across the country while declaring absolute loyalty to their governor to the detriment of the liberty and benefit of the masses in the grassroots.

“Take a look at the protesters that had to raid a warehouse that palliatives delivered to their state by the president to cushion the hardship were hidden and not distributed to the people. This impunity was caused by immunity.

“I’ve always maintained that constitutional immunity serves as protection shield or a legitimate instrument of corruption and money laundering by crooks masquerading as public officials.

“In reality, the clause has not only created a class of people who are above the law and I urge the National Assembly to repeal it and liberate Nigerians.

“Once this is done it will put an end to protests and enthrone the rule of law in Nigeria.

“As much as the governors will oppose immunity for the president alone, it is common sense to confer immunity on the president because the office of the President and decisions of the President in defence of our nation must confer the president sovereign immunity.

“Governors are only dealing with internal affairs but the president deals beyond national affairs to international.

“The defence of immunity has rendered ineffective and impotent the machinery set up by the government through Economic and Financial Crimes Commission (EFCC). The Kogi State standoff has damaged the reputation of the agency which in turn has damaged our image as a country.”