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Presidency Rejects Removal Of Immunity Clause - Politics - Nairaland

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Fall Out From Anambra Debate: Obiano Does Not KnowThe Meaning Of Immunity Clause / Reps Recommends Removal Of Immunity Clause For President And Govs / Govs Move Against Planned Removal Of Immunity Clause (2) (3) (4)

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Presidency Rejects Removal Of Immunity Clause by Brimmie(m): 1:51am On Jul 07, 2013
The Presidency on Friday kicked against the proposal by the House of Representatives to remove the immunity clause being enjoyed by the President, vice-president, state governors and their deputies under the constitution.

The recommendation for removal of immunity was one of the highlights of the House of Representatives’ Ad hoc Committee on the Review of the 1999 Constitution report, which was presented to the House by its chairman and deputy speaker, Mr. Emeka Ihedioha, on Thursday.

The immunity clause, as currently enshrined in the nation’s constitution, allows the president and the governors, as well as their deputies, protection from prosecution while in office.

The report was based on the demands of Nigerians during the November 10, 2012 People’s Public Sessions on the constitution.

The Presidency, however, said the proposal would not sail through.

Special Adviser to the President on Political Matters, Dr. Ahmed Gulak, told SUNDAY PUNCH in an interview on Friday that the retention of the immunity clause in the constitution was the best thing that could happen to the country.

He warned that unscrupulous persons, who were bent on getting at public officials out of sheer envy, would capitalise on the removal of the clause to cause distraction in the system.

Gulak said, “The planned removal of the immunity clause will count, the recommendation will not sail through.

“The President, vice-president, governors and their deputies really need immunity. Immunity is the best thing that has happened to this country today.

“These public office holders should not be distracted. The removal of immunity will expose them to frivolous litigation by unscrupulous elements that want to get at them out of sheer envy and not based on constructive criticism.

“Removal of immunity will not be good for this country. The recommendation will fail.”

Aligning himself with the Presidency’s position, the Ondo State Governor, Olusegun Mimiko, cautioned against actions that could distract the attention of those saddled with the responsibility of leading the people.

Mimiko, who spoke through the state’s Commissioner for Information, Mr. Kayode Akinmade, said removing the clause would hinder governance in the country.

He said, “Immunity clause is not peculiar to Nigeria. It will mess up governance if it is removed. Those who put the clause in our constitution are not daft. They know governance is a serious business, which should be devoid of distractions.

“We should not take any action simply because some people don’t like the face of a president or governor. We should remember posterity in whatever we do.”

The Congress for Progressive Change also said it had always called for removal of the clause.

It attributed the spate of impunity in the country to the immunity clause, which excluded the President, vice-president, governors and their deputies from criminal prosecution while in office.

The National Publicity Secretary, CPC, Rotimi Fashakin, told one of our correspondents that the removal became necessary because in a clime where democratic values had not been embraced and entrenched in the national psyche, it would be “very preposterous” to continue to allow immunity clause.

“I’m not surprised that the Presidency rejected it. When you have something that has made you more Nigerian than other Nigerians, you will not support the removal of such. But since it is something that the majority of Nigerians want, then it should go. It doesn’t really matter if the Presidency wants it; it is about the people. This is what is happening in Egypt; it is what the people want that will eventually happen,” Fashakin stated.

http://www.punchng.com/news/presidency-rejects-removal-of-immunity-clause/

Re: Presidency Rejects Removal Of Immunity Clause by takedat(m): 6:24am On Jul 07, 2013
Ok!
Re: Presidency Rejects Removal Of Immunity Clause by Danhumprey: 6:32am On Jul 07, 2013
See dishonest bunch of thieves. They don't want it remove so they can continue stealing,abi?

5 Likes

Re: Presidency Rejects Removal Of Immunity Clause by engrfcuksmtin(m): 6:58am On Jul 07, 2013
Brimmie: The Presidency on Friday kicked against the proposal by the House of Representatives to remove the immunity clause being enjoyed by the President, vice-president, state governors and their deputies under the constitution.

The recommendation for removal of immunity was one of the highlights of the House of Representatives’ Ad hoc Committee on the Review of the 1999 Constitution report, which was presented to the House by its chairman and deputy speaker, Mr. Emeka Ihedioha, on Thursday.

The immunity clause, as currently enshrined in the nation’s constitution, allows the president and the governors, as well as their deputies, protection from prosecution while in office.

The report was based on the demands of Nigerians during the November 10, 2012 People’s Public Sessions on the constitution.

The Presidency, however, said the proposal would not sail through.

Special Adviser to the President on Political Matters, Dr. Ahmed Gulak, told SUNDAY PUNCH in an interview on Friday that the retention of the immunity clause in the constitution was the best thing that could happen to the country.

He warned that unscrupulous persons, who were bent on getting at public officials out of sheer envy, would capitalise on the removal of the clause to cause distraction in the system.

Gulak said, “The planned removal of the immunity clause will count, the recommendation will not sail through.

“The President, vice-president, governors and their deputies really need immunity. Immunity is the best thing that has happened
to this country today.

“These public office holders should not be distracted. The removal of immunity will expose them to frivolous litigation by unscrupulous elements that want to get at them out of sheer envy and not based on constructive criticism.

“Removal of immunity will not be good for this country. The recommendation will fail.”

Aligning himself with the Presidency’s position, the Ondo State Governor, Olusegun Mimiko, cautioned against actions that could distract the attention of those saddled with the responsibility of leading the people.

Mimiko, who spoke through the state’s Commissioner for Information, Mr. Kayode Akinmade, said removing the clause would hinder governance in the country.

He said, “Immunity clause is not peculiar to Nigeria. It will mess up governance if it is removed. Those who put the clause in our constitution are not daft. They know governance is a serious business, which should be devoid of distractions.

“We should not take any action simply because some people don’t like the face of a president or governor. We should remember posterity in whatever we do.”

The Congress for Progressive Change also said it had always called for removal of the clause.

It attributed the spate of impunity in the country to the immunity clause, which excluded the President, vice-president, governors and their deputies from criminal prosecution while in office.

The National Publicity Secretary, CPC, Rotimi Fashakin, told one of our correspondents that the removal became necessary because in a clime where democratic values had not been embraced and entrenched in the national psyche, it would be “very preposterous” to continue to allow immunity clause.

“I’m not surprised that the Presidency rejected it. When you have something that has made you more Nigerian than other Nigerians, you will not support the removal of such. But since it is something that the majority of Nigerians want, then it should go. It doesn’t really matter if the Presidency wants it; it is about the people. This is what is happening in Egypt; it is what the people want that will eventually happen,” Fashakin stated.

http://www.punchng.com/news/presidency-rejects-removal-of-immunity-clause/
@ the bolded ; Gulak may ogun the god of iron strike you and your family dead for this comment. As there is no peace in our dear Nigeria may you, your cohorts and your generation never know peace In Jesus Name. With people like Gulag Nigeria will not progress so please say amen to my prayers by clicking like.

30 Likes

Re: Presidency Rejects Removal Of Immunity Clause by Tolexander: 7:26am On Jul 07, 2013
The issue of immunity clause in our constitution has more disadvantage than the advantage it offers in this kind of nigerian atmospheric settings.

Though it gives a kind of protection against criticism to the the leaders and their deputies in office but notwithstanding a straight and upright leader should have nothing to worry about.

We are all nigerian and the leaders are in the post by virtue of our mandate. Hence, there shouldn't be a clause to make them greater than the citizens they govern.

3 Likes

Re: Presidency Rejects Removal Of Immunity Clause by kkkp: 9:25am On Jul 07, 2013
I weep for dis nation
Re: Presidency Rejects Removal Of Immunity Clause by Fiawest(m): 9:55am On Jul 08, 2013
Dem no wan go jail now,are they nt ALL Corrupt?....on a lighter mood,dis Mr President pic resemble that of Baba Suwe,abeg change am.
Re: Presidency Rejects Removal Of Immunity Clause by Born2beRich1(m): 9:57am On Jul 08, 2013
***Hisses at the leaders, fold hands behind back and walks away ***
Re: Presidency Rejects Removal Of Immunity Clause by Airforce1(m): 9:57am On Jul 08, 2013
Which way forward Nigeria


Some Nigerians would still vote for dis fisherman president come 2015
Re: Presidency Rejects Removal Of Immunity Clause by k2039: 9:58am On Jul 08, 2013
Come to think of it, the ones without immunity have not been prosecuted.

5 Likes

Re: Presidency Rejects Removal Of Immunity Clause by Pedagogue: 10:00am On Jul 08, 2013
Ordinarily, d removal of immunity clause is plausible.

But let's pause a little to consider the significance,
Firstly,In a country like ours where dirty politics is d order of the day, don't we think it will further affect governance? Let's imagine the number of Cases ACN /CPC might have filed against GEJ by now- and a similar thing will be playing out in the states! And I'm very sure that many of such cases will be frivolous and vindictive.

Secondly, let's also imagine this scenario. If there was nothing like immunity clause, GEJ must have used EFCC against Amaechi. By now, Amaechi must have been arrested / jailed and subsequently impeached for trumped up charges!

Nevertheless, since immunity clause has d effect that ' d President/VP, Governor/Deputy' can do no wrong while in office makes it anti people!!! Thus, as it has been playing out, d clause is the singular reason why many of them bury their huge corruption deals while in office - and this makes it difficult for them to be prosecuted after leaving office!

Thus, I think there should be a balance- Immunity clause should be removed- but d way and manner prosecution of criminal cases can be brought against occupants of these offices should be made in a way that will leave little room for abuse
!

10 Likes

Re: Presidency Rejects Removal Of Immunity Clause by Nobody: 10:01am On Jul 08, 2013
Even though I know the house of reps are just jealous they have no such immunity, the presidency has nothing to fear if they are honest. My people say that Ojiofor ga ana, but in this case presidency looks like the ofor is far from him

1 Like

Re: Presidency Rejects Removal Of Immunity Clause by Nobody: 10:02am On Jul 08, 2013
Is anybody really surprised by this? undecided
Re: Presidency Rejects Removal Of Immunity Clause by Nobody: 10:02am On Jul 08, 2013
hmmm..... Skeletons in the cupboard?
Re: Presidency Rejects Removal Of Immunity Clause by PeeDaVinci: 10:03am On Jul 08, 2013
absolute immunity is what i am against, but i will surely support some form of immunity for these political office holders. So the question is what sort of prosecution they should be exposed to or protected from such that a reasonable balance can be reached between accountability of political office holders while in office, and and un-necessary, distract-ive, stupid prosecutions
Re: Presidency Rejects Removal Of Immunity Clause by dridowu: 10:03am On Jul 08, 2013
Since they have skeleton in their cupboard, so its a must they reject it
Re: Presidency Rejects Removal Of Immunity Clause by HOTWATER(m): 10:06am On Jul 08, 2013
with the kind of idle politicains we have in this country , the immunity should be retained . In other contries ,once election is over ,Politicains join hands in nation building and others retire back to their private business . But here, most ploticians do not have any other thing doing , they just sit idle and plan on how to bring the current government down as if they will do any better . There is so much senseless distraction by ignorant and opposition politicains , that removal of immunity will surely distabilise the polity. Egypt,Syria and Libya that copied what Tunisia did has not know peace since then .

1 Like

Re: Presidency Rejects Removal Of Immunity Clause by eagle999: 10:06am On Jul 08, 2013
kkkp: I weep for dis nation
Please don't weep 4 this nation. You are part of the change we are yearning 4. We can all join hands to make Nigeria great. Adopt a lesser political party preach about change to masses in your environ. Elect whom u all agree to rep u in govt. Get involved with the politics of UR area. Educate the masses in UR environ about the need 4 change. YES WE CAN..........

3 Likes

Re: Presidency Rejects Removal Of Immunity Clause by HOTWATER(m): 10:08am On Jul 08, 2013
engrfcuksmtin: @ the bolded ; Gulak may ogun the god of iron strike you and your family dead for this comment. As there is no peace in our dear Nigeria may you, your cohorts and your generation never know peace In Jesus Name. With people like Gulag Nigeria will not progress so please say amen to my prayers by clicking like.



stop using the name of God in vain

1 Like

Re: Presidency Rejects Removal Of Immunity Clause by ablyguy(m): 10:09am On Jul 08, 2013
Removing 'the immunity clause' is not wise given the kinds of politicians we have. It's disadvantage is already compensated for by the impeachment law. What we need is an overhaul of our judiciary system. Employ foreigners to take over if need be...

1 Like

Re: Presidency Rejects Removal Of Immunity Clause by omeiz93: 10:15am On Jul 08, 2013
whoever put dis picture here no try @ all to our president, but, take a look @ d pix d man dey vex o about d immunity removal, it's like he has some skeleton in his cupboard.
Re: Presidency Rejects Removal Of Immunity Clause by Nobody: 10:15am On Jul 08, 2013
The immunity clause should be removed for criminal cases only (like corruption-related charges). It should however be retained for civil cases.

It's not in the interest of the country for governors and presidents to have to spend public funds (as they undoubtedly will) hiring the best lawyers to defend them from all sorts of flimsy charges.

If corruption is the problem, then immunity should be removed for corruption cases only.

3 Likes

Re: Presidency Rejects Removal Of Immunity Clause by ichommy(m): 10:28am On Jul 08, 2013
Nah dem sabi
Re: Presidency Rejects Removal Of Immunity Clause by Nobody: 10:37am On Jul 08, 2013
“These public office holders should not be distracted. The removal of immunity will expose them to frivolous litigation by unscrupulous elements that want to get at them out of sheer envy and not based on constructive criticism
Well this part makes sense to me.we all know a lot of people would like to sue them to court just because they can.
I for one wouldn't mind suing jonathan for attention.
Imagine the headline
The case of Loretta A vs the Presidency.
Well who wouldn't if they could?
And we all know how everyone likes crying foul at every possible turn.they don't need that form 150 million people.every hour of everyday will be spent on frivolous lawsuits.
They need to concentrate and try to work,any misdeeds can be punished when they are out of office and gross misconduct can be solved with impeachment.
It's not perfect but it's the workable plan I can see.don't know about u guys

3 Likes

Re: Presidency Rejects Removal Of Immunity Clause by Nobody: 10:40am On Jul 08, 2013
What is Presidency? We only have one elected official there in the person of Jonathan and his vice. Gulak and all the others dont have a right to speak because they are beneficiaries of the impunity that has been created in the polity by immunity in any case, it is not the presidency or governors that will decide for Nigerians on this matter which was already agreed should be removed. They should respect the decision of Nigerians. If you check very well, it is only those who rigged election and forced themselves on the people and have continously been at war with opposition, killing and maiming, kidnapping and misgoverning that are opposed to the removal of criminal immunity. True democrats who got into office by popular votes and have been governing well will never support the continuous retention of the criminal licence to kill and steal called immunity. This immunity is the cause of the growing insecurity in Nigeria. It is the reason why a certain Gov in the north has imported arms into the country to arm militia groups called vigilante without clearing from the FG. Let us even recount the high number of deaths and unresolved murders in Nigeria since 1999, on state by state basis, and then ask ourselves if it is not because of immunity that emboldened the perpetrators to commit the atrocities. What is called Immunity has been grossly abused. Criminal immunity should be deleted from our constitution. Nigeria is not ripe for it. But the advantage is that once it is removed, our governors will sit up and do the right things. Democracy will grow and flourish. Corruption in the judiciary and looting of public treasury by government officials will fade as the Rule of law will also flourish. Impunity that we witness frequently now will go. Nigeria will begin to experience real democracy in action and economic development. The so called immunity is the only one item that is holding this country down.

2 Likes

Re: Presidency Rejects Removal Of Immunity Clause by lozanni(m): 10:42am On Jul 08, 2013
Immunity Clauses should be upheld for The President and Sitting Governors, but impeachment can be used to remove criminal minded executives from office, after which they can be tried by the law courts.
Re: Presidency Rejects Removal Of Immunity Clause by Archmed(m): 10:43am On Jul 08, 2013
Remove it or not,all I know is that U all can't be immuned frm ur
conscience,if u have one. And above all,I smile to
myself each time I remember u can't b
immuned frm God's prosecution.
Re: Presidency Rejects Removal Of Immunity Clause by bulletproofmonk(m): 10:47am On Jul 08, 2013
engrfcuksmtin: @ the bolded ; Gulak may ogun the god of iron strike you and your family dead for this comment. As there is no peace in our dear Nigeria may you, your cohorts and your generation never know peace In Jesus Name. With people like Gulag Nigeria will not progress so please say amen to my prayers by clicking like.

Bro,you just used the name of ogun and Jesus to curse a man and his entire household.How do you feel now? Do you feel better?
Re: Presidency Rejects Removal Of Immunity Clause by NOLONGTIN1(m): 10:48am On Jul 08, 2013
Will CPC/APC remove the immunity clause, if they win power 'at the centre'? #millionDollarQuestion.

Anybody (except their sycophants) who thinks the answer is YES is 'on a long thing'
Re: Presidency Rejects Removal Of Immunity Clause by Nobody: 10:49am On Jul 08, 2013
Immunity should be removed partially for some certain grievous cases so that some concern citizens would sued the hell outa the executives while the Assembly will always protect common man and Oversight !!!


But if Immunity is wholly removed,then Every Tom and Harry in the polity will wanna sue the executives thus disruption to ordinary business of govt !!!

1 Like

Re: Presidency Rejects Removal Of Immunity Clause by walexzee11(m): 10:50am On Jul 08, 2013
Seriously,this political thieves need to be flush down the toilet.......God Dey!!!!!
Re: Presidency Rejects Removal Of Immunity Clause by takedat(m): 10:52am On Jul 08, 2013
HNosegbe: The immunity clause should be removed for criminal cases only (like corruption-related charges). It should however be retained for civil cases.

It's not in the interest of the country for governors and presidents to have to spend public funds (as they undoubtedly will) hiring the best lawyers to defend them from all sorts of flimsy charges.

If corruption is the problem, then immunity should be removed for corruption cases only.


If we agree that the immunity clause be modified so that political office holders are not immune from criminal process or indictment in office, at what point will the executive be impeached? Is it while the criminal proceedings are going on against him or after his trial and conviction?

Obviously, it cannot be during the pendency of criminal proceedings because an accused is presumed innocent until proven guilty. An impeachment cannot proceed until the court holds the person criminally liable. A criminal trial in court can take years to conclude and the accused has a right to appeal. In this way, a president or governor may complete his term before he is finally convicted. So if we cannot use the impeachment clause which in itself trumps all the argument for removal of immunity clause, why not wait till they are out of office before initiating any criminal process against them?

My argument is, removal(partial or total) of immunity clause will interfere with the discharge of their duties and we cannot afford to have them distracted or their energies diverted by concern with lawsuits especially with fictitious petitions and floodgate of litigation from pull-him-down agents. The main reason why we want to remove their immunity is already defeated by the argument above ie impeachment clause already serves as a check against abuse of power, misuse of public funds etc. Legislative docility is the real problem and what we should resist, once the legislative arm is awake to its statutory duties of scrutinizing the executive from recklessness, impunity and profligacy in office we will not have the problems of debating whether to remove the clause or not. Impeachment should precede prosecution no matter what! Laws are never passed by emotions Even though there is the need to curtail the excesses of the executive arm.

5 Likes

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