By Haruna Salami
A bill that will make the vice-president, governors and their deputies,
lose their immunity if they misappropriate government funds passed second
reading in the Senate.
Titled “a Bill for an Act to alter the provisions of the
Constitution of the Federal Republic of Nigeria, 1999 to qualify criminal
liability for certain public officers under Section 308”, the amendment
sponsored by the Deputy President of the Senate and Chairman Constitution
review committee, Ovie Omo-Agege, had scaled first reading.
Currently, the president, vice president, state governors and deputies
governors are protected by the nation’s laws from criminal prosecution while in
office.
The Bill will alter section 308 of the constitution to make it
possible for law enforcement agencies to arrest and prosecute the vice
president, governors and deputy governors found guilty of
misappropriating public funds.
In addition, the vice president, governors and deputy governors who make
use of thugs to foment violence, also risked losing his or her immunity
according to the proposed amendments.
The proposed amendment seeks to alter Section 308 of the Principal Act is
altered by substituting for subsection 2 with a new subsection.
It states that any beneficiary of the immunity clause currently in the
constitution, would lose it if indicted by the court after thorough
investigation by the police and the anti graft agencies.
It reads in part, “To persons who hold the office of Vice-President,
Governor or Deputy Governor.
“If it is determined either by the Economic and Financial Crimes
Commission EFCC, Independent Corrupt Practices Commission, ICPC,
Nigerian Police and State Security Service through a collaborative investigation
that the said person is indicted by a court of competent jurisdiction for:
“(i) Financial misappropriation of funds belonging to the Federal, State
or Local Government; or
“(ii) Sponsoring of thugs to perpetrate violence that cause injury or
death of political opponent, a member of his family, agent or personal
representative.
Vice President, Governors, D/Govs to lose immunity
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