KWENU: Our Culture, Our Future

Immunity for life?

 ACHO ORABUCHI

 Dallas, Texas, USA

Immunity for life from criminal prosecution was what a group of senators was scheming for the president and his close associates according to a story that appeared recently in a newspaper.

A story written by Alifa Daniel in The Guardian of Tuesday, March 21, 2006 captioned “Senate group weighs plan for Obasanjo's exit” caught my eyes as I was browsing the net about a week ago. The blurb said, “A group of senators are working on a law to give life immunity from prosecution to President Olusegun Obasanjo, his family members and close associates when he leaves office.” I hope the president would stop the idea so that it would take a life of its own like the third term quest. These individuals’ actions unabated would splotch Obasanjo’s record.

As I was reading the story, I surreptitiously took mental notes. But I was constantly ruminating as to why some people would perniciously undermine a constitution—a sacred document of a nation. I wondered who the president’s “family members and close associates” were and what did they do to warrant protection for life from prosecution. I could not fathom the idea of immunity for life for anyone; I could not conceive in my wildest imagination that someone would support or want immunity for life.

President Olusegun Obasanjo would not want immunity for life. He didn’t do anything to need immunity for life from criminal prosecution. Besides, he would be vehemently opposed to it because accepting it or showing an inkling of supporting the idea would be out of character for him. Immunity for life should be an idea that should be dead on arrival; no one should expect President Obasanjo to entertain it since he prides himself as a fighter of corruption. Obasanjo has been waging war against corruption in the country; he believes that expunging the immunity clause in the constitution would help with the war against the jinx that has plagued the country for so long. The idea of expunging the immunity clause in Section 308 of the Nigerian constitution was borne out a theory that the absence of the clause would make the governors more accountable—less corrupt. Proposing and accepting the idea to immunize Obasanjo for life from criminal prosecution would run counter to the ideals of the president. In fact, it would seem that he is like a preacher that tells congregation to do what he preaches, but not to dare follow his actions.

There should be no malicious or frivolous prosecution of someone or a group of people for the services they rendered without reproach to the country. If they did not violate the law in the course of discharging their responsibilities, it’s rather mute to preemptively talk about lifetime immunity. Rule of law will protect everyone, especially individuals who served the country selflessly. This is why it’s imperative that we fully respect the rule of law.

While people are yawning for the immunity clause in the constitution to be expunged in order for the government to effectively make a dent on war against corruption, a group of senators are working feverishly to undermine it by coming up with an idea of immunity for life. Are these senators serving the nation or themselves?

It is ineluctably true that people would go to any length to protect their selfish interest to the detriment of public good. It’s further true that people charged with the protection of the citizens of the nation would continue to recklessly usurp and abuse power. Abuse of power has permeated the fabric of the society that people have begun to think it’s normal. It’s not normal. Abuse of power, succinctly defined by Chris Aniedobe, a practicing attorney in the Washington, D.C. area is: “Abuse of power exists when someone who has power over others unjustifiably uses that power to exploit or harm those others, or through lack of action, allows exploitation or harm to occur to them. Someone who does not have power cannot abuse it.”

I hope the plans of these senators, who have power to make laws for the nation, would be ephemeral in nature. However, if they are allowed to proceed with their plans, not only that the Section 308 would be strengthened but also Sections 174 and 211(1) would be weakened. Section 211 contains, "the Attorney General of a State shall have power:

(a) to institute and undertake criminal proceedings against any person before any court of law in Nigeria other than a court-martial in respect of offence created by or under a law of the House of Assembly;

(b) to take over and continue any such criminal proceedings that may have been instituted by any other authority or person; and (c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person."

The consequences of the actions of these senators are humungous if they’re allowed to succeed. Nigeria would be bound to experience the following at an alarming rate: bribery, selective prosecution, increase in abuse of power, corruption, reckless disregard to the needs of the masses, and a host of other ills that would befall the nation.

Life immunity from prosecution for anyone is bad for Nigeria. The rule of law should apply to everyone regardless of gender, ethnicity, and wealth and social status. No one should be above the law. The existence of laws and prescribed punishments for violations is to deter people from committing crimes in the first place. There should be no immunity for anyone!

See also: 2007 elections will be very peaceful -- Prof. Iwu, INEC Chair