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Monday 28 May 2012

Why Immunity Must Go, By Daudu


Daudu
National Assembly Charged On Police Reforms
THE National Assembly was on Saturday urged to effect appropriate alterations in the Constitution to improve the ability of the Nigeria Police to combat the security challenges in the country.
Lawmakers were equally asked to immediately remove the immunity clause in the constitution to make chief executives at State and Federal levels open to prosecution for criminal offences.
In a paper presented by the President of the Nigeria Bar Association, NBA, Mr. Joseph Daudu, at a retreat organised by the House of Representatives’ ad-hoc committee on the review of the constitution in the Rivers’ State Capital, Port Harcourt, it was pointed out that abuse of office would be curtailed if the clause was removed.
Daudu said” the pertinent question is whether in the light of proven cases of corruption among some beneficiaries of the immunity clause, it is still of assistance to leave the clause in the constitution unaltered or amended. “
“In other words, in the face of brazen corruption and the fleecing of state treasury being perpetrated at an alarming rate by some beneficiaries of immunity, there is a clarion call for its abrogation. “
“There is no doubt that some beneficiaries of immunity have engaged in provable criminal acts of chronic rapacity and abuse of power leading to the loss of billions of taxpayers’ money. “
But House Minority Leader, Femi Gbajabamila, pointed out that removal of the clause could spell doom for good governance adding that “the immunity clause is not absolute because you can be investigated whilst in office going by the Supreme court judgment in Gani Fawehinmi’s case. “
“We should not throw away the good sides of the clause because I have a right to go to court, we should retain the immunity clause.“
On judicial reforms, Daudu said: “On my part, I subscribe to the view that the provisions of the 1999 Constitution on the judicature are sufficient for now and proposed amendments are a reflection of the inadequacies of the justice sector to drive or operate the present state of the law optimally and devoid of extraneous considerations. “
On the retirement age of judges, the NBA boss said the ages of judges should not be distorted as this will unsettle defined succession pattern.
He explained that “should it be considered expedient then aspiration to Heads of Court should be thrown open to all members of the Court in issue and indeed all qualified candidates. “
On police reform, a University don, Muhammed Auwal Umar of Bayero University, listed key challenges effective policing in Nigeria, which include “Poor conditions of service including poor salaries, retirement, equipment and accommodation; limited evidence of strategic approach to policing.”
But former Inspector-General, Sunday Ehindero dismissed calls for introduction of State Police as an invitation to secession in the country.
According to him, the step would equally lead to the proliferation of ethnic and regional militias. He expressed fears that the introduction of State police could be abused by state governors. Ehindero suggested constant retraining of policemen to update them with modern trends in crime control and security management.
SOURCE: The Guardian, 28 May 2012.

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