When the military came up with a strategy to latently inject themselves into civil politics, they found one of their own, Chief Olusegun Obasanjo to anchor their plans in 1999.  As a condition precedent to giving back the military political complex to OBJ, they mischievously inserted the immunity clause in the constitution they forced on Nigeria.  Unfortunately for Nigerians, these are the same people that we referred to as elder statesmen who are often called upon to solve the very problem they consciously created.  Perhaps, some of elder statesmen are patriots but most are enemies of Nigeria and of her citizens.  These enemies of Nigeria assured themselves of not going to jail by inserting the immunity clause into the Nigerian constitution not because they are patriots but because they were protecting their past, their present and their future looting.

Do Nigerian citizens even understand the implication of the immunity clause that was stuck in their constitution?  The implication of the immunity clause is that when a politician knowingly steals or commits egregious crime against humanity, he is protected from prosecution, however, if ordinary citizen does the same, he’ll be jailed to the full extent of the law.  So to steal without prosecution, all citizens have to rig him/herself into office.  If the citizens know the implication of immunity in the constitution, they’ll strangulate those that stuck the clause in, rise up against them and shout to high heaven for the removal of such nonsensical clause.

What does immunity mean and why did the military insist on placing and accept it as part of Nigeria’s constitution?  Well, immunity is an act exempting someone from prosecution for all manners of crime.  Immunity also implies that whatever a person or a body does, him/her/it is above the law and makes that person or body free from otherwise legal obligations such as, for example, liability for prosecution under criminal law for criminal acts.  In a nation that believes in rule of law, immunity clause may not be too bad to protect leaders that genuinely take decisions he/she thought would be beneficial to the people but in 20/20 hindsight seen to be bad decision.  However, placing immunity to protect criminality is not only absurd but criminal in its intent.  Immunity is an illusion and a mirage on the smooth running of a nation.  No illusion is more crucial than the illusion that great success and huge money, especially when such money is ill-gotten, can buy immunity from common ills of mankind.

We have seen several intended mistakes, scandals and outright failures made and they no longer signal catastrophe to Nigerians, but have become part of our political landscape and fouled environment.  The crucial thing is that mistakes, scandals and failures be made credible, and that the public is made aware of the efforts being expended in that direction so as to force our lawmakers to take corrective actions.  Some of the leaders and many ordinary citizens are feeling the pinch of the immunity clause since we are unable to move forward.  The immunity clause is demeaning to the former and dehumanizing to the later.

When President Yar ‘Adua stated almost convincingly that one of the ways to systematically get rid of corruption is to remove the opportunity for looting, he was right.  For Nigerian citizens, they complain about corruption, they have been so pauperized by acts of corruption but they still have tendency to be pleased so easily.  To support the President in his efforts to rid the nation of corruption, every corrupt act must have traceable ballistic signature so that there would be no ifs and buts about the intentions of those that plan and execute acts of corruption.  Perhaps, along this line, the punishment for corrupt enrichment should also be spelt out.  We cannot continue to encourage corruption by protecting the thieves amongst us with bogus immunity clause and accusing those that call us a nation of 419 do not like Nigeria.  Every patriotic Nigerian must see the immunity clause as the most dangerous diseases that engulfed the Nigerian space and that made our election do-or-die and our political system the only employer in town.  Nigerians suffer not from a failure of political organization or power, but a failure of love of our nation.

For the president’s interest in the removal of the immunity clause to take hold and to make sense, several instruments must be present and they are:

1.       The opportunity to loot the treasury must not be available to any citizen especially to our politicians;

2.       The nation can start with the removal of such opportunity by removing the 419 members in the senate and House of Representatives so as to free our politics from this terrible disease.  Furthermore, since Senator Nuhu Aliyu told the nation that he has the list of 419 kingpins, let him without wasting time release the list as a patriotic act;

3.       Let all politicians declare their assets when going into and getting out of office.  If they make more money legally during their stay in office dues to good policies, their acts will encourage other Nigerians to go into office for the service of their nation;

4.       The President must have the commitment and take bold step to remove none performing Ministers so that his service to the nation can be monumental and his legacy sacrosanct;

5.       The President must also make sure that civil servants behave morally and professionally and he must find ways to create jobs through enabling policies that encourage private sectors job creation.  When citizens are employed other than in politics, our political and moral systems would self correct themselves and the nation would be better;

6.       The administration must create social security for those who have labored and given their best to Nigeria and the nation must our heroes assurance that they can survive long after retirement.  It is only when there is security that politicians will not take looting of treasury as false security for themselves and their children;

7.       Both the President and the National Assembly must see elimination of the immunity clause as a nation’s call to duty to help citizens they represent.  Removal of immunity clause from our constitution must be seen as God giving opportunity to stop corruption at its roots.  Normal people must be able to generate and multiply their salaries/income via credible investment strategies which exist abundantly in Nigeria rather than a way to loot;

8.     In most relatively well developed democracy, politicians understand that their ability to establish good policies will be defining moments for their time out of office.  Usually, they make more money out of office than when they were in office.  President Bill Clinton, Carter, and Tony Blair are living examples of how to be a good politician in and out of office;

9.       The removal of immunity must be retroactive when such acts of looting are not policy and administratively related but of criminal engagement.  What was the Speaker of the House of Representatives, Hon. Dimeji Bankole waiting for in order to expunge or cause to expunge the immunity clause?  Why will a people encourage criminality through immunity clause and yet have the temerity to punish ordinary citizens who are following in the footsteps criminals in power?; and

10.   Mr. President must explain the implication of the immunity clause to the whole nation via televised presentation such that those lawmakers that oppose it would be dealt with by their constituents once they understand the moral, financial and developmental implications (infrastructural, scientific, educational, energy, etc.) of the immunity clause.

An immunity clause stuck in a nation’s constitution to protect unpatriotic elements has far reaching consequences.  For instance, it diminishes our moral capacity as a nation to do business outside the shores of Nigeria because no one, even international rogues in the same category, trusts honest Nigerians.  It makes money more important than hard work.  It reduces our universities to institutions to accumulate worthless honorary degrees which encourage looting.

This brings me to a pathetic story.  I met this “bigman” who happened to be a Nigerian a couple of years back.  He asked for my name and I introduced myself as Chris Odetunde.  He introduced himself as Dr. XYX.  As our conversation progressed, I curiously asked him which University he graduated from.  This was when he confessed that his Ph.D. was honorary.  I was surprised because he could hardly contain himself from revealing his honorary degree and camouflaging it as a legitimate degree he worked for.  I told myself there and then that if the most dishonorables call themselves honorable, and those with honorary Ph.D. state it as legitimate Ph.D., those that actually worked hard to obtain a Ph.D. from reputable universities should feel no intimidation in attaching theirs until these “degree – flashers” stop their unholy acts.

I immediately recalled the late Fela Ransom Kuti’s act of using Mercedes Benz to carry firewood when many thieves were using the car as sign of “I have arrived.”  Therefore, when I attach Ph.D. to my write up, I am confident about my position in life and those that accuse some of us about our real degrees should look at what is written rather than the title.  If I titled myself “honorable tailor” or “honorable Engineer,” would this have diminished the idea presented?  These people should learn to see beyond their noses.  They should find time to go out and get a M.Sc. or Ph.D. from a credible university if that is their problem.

Some on NSV even attack writers for not giving references on their simple treaties because they have a Ph.D.  I have not observed that any of the writers are attempting to publish their write up in any professional Journal.  What form of reference do these people need if one is talking about corruption in Nigeria or about misadministration?  We are all references because we know it and we are living it.  Some Nigerians are lazy at reading.  They want short paragraphs and even, at that, they are incapable of understanding the narratives contained therein.  What these people are good at is test taking and they are not about the unlocking of human imaginations.  These people that criticize live in an ad hominem world of just criticizing without offering alternatives.  NVS is a village of ideas, true to that but it must have people that are capable of reasoning and understanding issues beyond the written words.  The fact is that if I do not like your ideas, it is my prerogative to present an alternate but superior idea not just merely sitting on the fence criticizing without any value added.   This is one of the situations we are facing in Nigeria of today.  We have so many chiefs but no Indians.

Robot  # 1 | 29.01.2008 19:41

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Oghre  # 2 | 30.01.2008 06:47

Write I commend your effort here but it is another case of misplaced priorities, typical of many Nigerian writers. Corruption is what needs eradicating not a daft immunity clause; to be honest it will only make case for witch hunting by God fathers and political opponents. What difference does expunging the immunity clause make to corruption in high places in Nigeria? Afterall these people are liable for prosecution after their tenures end; fair enough that we don’t have to endure their continuous thieving period in office but I fail to see how the web of corruption which involves grease my palm and I will grease yours will end just by removing an immunity clause. If you want to test the theory go ask Tony Anenih if he was ever prosecuted as (and after) a minister; is he not walking the streets of Nigerian with 300 Billion Naira stashed away somewhere? The Nigerian police are still taking settlement money; how will such a blanket from corruption seriously impact removal of immunity clause? The EFCC should be ashamed of themselves in using the immunity clause as an excuse for not fighting corruption; most ministers who served in the last government are no longer shielded from the law, go after them instead of a handful. 36 state treasuries are empty and you only have 3 people in custody, how about the countless deputy governors, local government chairmen, ministers (serving) ad still serving? Is Babangida covered by the clause? What happens to OBJ and all his shenanigans of only a few months ago is he covered? Do we need an act of congress NOW to make Umaru Dikko cough up all the money he stole during the second republic?

Styles  # 3 | 30.01.2008 07:01

Perhaps a complete revolution is what is required to set Nigeria on a right path once more. We keep talking of immunity clause, eradication of corruption..et al. Have we considered eradicating the corrupt ones. Nigeria is the only country where the saying anything is possible is truly applicable. e.g 419ers masqurading as lawmakers, political officers looting with reckless abandon. Maybe we should take a more critical look at dealing with the so-called untouchables and sacred cows. =Oghre;4294984764>Write I commend your effort here but it is another case of misplaced priorities, typical of many Nigerian writers. Corruption is what needs eradicating not a daft immunity clause; to be honest it will only make case for witch hunting by God fathers and political opponents. What difference does expunging the immunity clause make to corruption in high places in Nigeria? Afterall these people are liable for prosecution after their tenures end; fair enough that we don’t have to endure their continuous thieving period in office but I fail to see how the web of corruption which involves grease my palm and I will grease yours will end just by removing an immunity clause. If you want to test the theory go ask Tony Anenih if he was ever prosecuted as (and after) a minister; is he not walking the streets of Nigerian with 300 Billion Naira stashed away somewhere? The Nigerian police are still taking settlement money; how will such a blanket from corruption seriously impact removal of immunity clause? The EFCC should be ashamed of themselves in using the immunity clause as an excuse for not fighting corruption; most ministers who served in the last government are no longer shielded from the law, go after them instead of a handful. 36 state treasuries are empty and you only have 3 people in custody, how about the countless deputy governors, local government chairmen, ministers (serving) ad still serving? Is Babangida covered by the clause? What happens to OBJ and all his shenanigans of only a few months ago is he covered? Do we need an act of congress NOW to make Umaru Dikko cough up all the money he stole during the second republic?

truthsayer33  # 4 | 30.01.2008 07:25

Christopher,Ore mi why insist on the Phd for your write up.It does not elevate your argument.Your name is sufficient to bring you into the square. In fact by insisting on the academic tag you fall into the trap of the Nigerian 'top table' obsession. Otherwise,Sir a good article.

Kabikala  # 5 | 30.01.2008 09:05

=Oghre;4294984764>Write I commend your effort here but it is another case of misplaced priorities, typical of many Nigerian writers. Corruption is what needs eradicating not a daft immunity clause; to be honest it will only make case for witch hunting by God fathers and political opponents. What difference does expunging the immunity clause make to corruption in high places in Nigeria? Afterall these people are liable for prosecution after their tenures end; fair enough that we don’t have to endure their continuous thieving period in office but I fail to see how the web of corruption which involves grease my palm and I will grease yours will end just by removing an immunity clause. If you want to test the theory go ask Tony Anenih if he was ever prosecuted as (and after) a minister; is he not walking the streets of Nigerian with 300 Billion Naira stashed away somewhere? The Nigerian police are still taking settlement money; how will such a blanket from corruption seriously impact removal of immunity clause? The EFCC should be ashamed of themselves in using the immunity clause as an excuse for not fighting corruption; most ministers who served in the last government are no longer shielded from the law, go after them instead of a handful. 36 state treasuries are empty and you only have 3 people in custody, how about the countless deputy governors, local government chairmen, ministers (serving) ad still serving? Is Babangida covered by the clause? What happens to OBJ and all his shenanigans of only a few months ago is he covered? Do we need an act of congress NOW to make Umaru Dikko cough up all the money he stole during the second republic? Oghre, I agree with your analysis with only a few inclusions on my part. The total number of persons covered by constitutional immunity is less than 80, so how does that stop all other corrupt public office holders from being charged for corruption while in office? None of the Ministers is covered by immunity yet how many of them have been prosecuted for corruption? In actual fact, the Wilbros and Siemens scandals had shown clearly that corruption is not only at the States but is also firmly rooted at the Federal level. Has anyone ever imagined what would have happened if the immunity clause was not there during the third term era? Certainly, many of the governors who are either ambivalent or opposed to it will be in detention through the instrumentality of the EFCC. If immunity is going to be removed as part of the battle against corruption, then the independence of all the anti-corruption as well as the law enforcement agencies must be constitutionally guaranteed. We all saw how easily Nuhu Ribadu and Sunday Ehindero were used to target people who refuse to fall into line with Obasanjo's intensions. If immunity is removed with all the power structures in the hands of an all-powerful presidency, we will slide into an era of totalitarianism. I dare say our democracy is not mature enough to place unrestricted powers in the hands of one individual-the President.

Onari  # 6 | 31.01.2008 11:23

Oghre, I totally agree with you on what you said. Also I want to point out that immunity only cover Governors/Deputy Governors, President/Vice President, all others including Ministers could be prosecuted while in office. Honestly, our law have enough red meat to prosecute corrupt leaders and officers, the big problem is the implementation of the law simple. I don't think our leaders are serious about fighting corruption because in their conviction, fighting corruption is to short down their own business. EFCC to me was used as a smoke screen used by OBJ to deceive the international community and to deal with his enemies...I stand to be corrected on this. Like someone mentioned earlier about revolution, to me we need to reboot our country, retool the country and re-train and re-educate our security forces and rebuild our Infrastructure. The country totally needs a new direction...look at even the national assembly the are not even discussing anything that the Nigerian people care about (Education, Infrastructure, Energy, Corruption, Water etc), instead the are discussing irrelevant things that will massage their ego...ridiculous!

Enforcer  # 7 | 01.02.2008 17:12

=truthsayer33;4294984777>Christopher,Ore mi why insist on the Phd for your write up.It does not elevate your argument.Your name is sufficient to bring you into the square.In fact by insisting on the academic tag you fall into the trap of the Nigerian 'top table' obsession. Otherwise,Sir a good article. truthsayer33 That is a valid point. Well, what can we expect of a race who are obsessed with titles, power and material possessions? That is the Nigerian factor. It explains why we are where we are.

Wayfarer  # 8 | 02.02.2008 08:14

=Enforcer> Well, what can we expect of a race who are obsessed with titles, power and material possessions? That is the Nigerian factor. It explains why we are where we are. I don't think there is anything wrong with being materialistic per se. The United States and Japan, the world's leading economies, are steeped in materialism. In fact, the United States has developed to the point where material prosperity is considered a right every bit as inalienable as those enunciated in the declaration of independence. What makes America unique, however, is that she also creates the material wealth her citizens covet. Furthermore, an appreciation of the tools and processes necessary for wealth creation is intimately woven into the psyche of many Americans. People mesmerised by pop culture, tend to associate revelry and abandon with the very mention of America. But a factor that is often overlooked, and one which underwrites her prosperity, is her competence in the disciplines integral to wealth creation. America makes great movies, (in fact invented the concept of movies as we know them today), but she also boasts talented masons, machinists, carpenters, landscape architects, welders, sign designers and so on. Indeed the very concept of invention is considered a sacrosanct American tenet. Contrast this with many Nigerians who display no desire to create the goods they crave, and one can understand why the materialism pervading our culture is particularly unseemly. It is not our submission to materialism that is wrong necessarily; it is our tendency to benefit without making sacrifices that needs rehabilitation.

Enforcer  # 9 | 02.02.2008 14:45

=Wayfarer;4294985626>I don't think there is anything wrong with being materialistic per se. The United States and Japan, the world's leading economies, are steeped in materialism. In fact, the United States has developed to the point where material prosperity is considered a right every bit as inalienable as those enunciated in the declaration of independence. What makes America unique, however, is that she also creates the material wealth her citizens covet. Furthermore, an appreciation of the tools and processes necessary for wealth creation is intimately woven into the psyche of many Americans. People mesmerised by pop culture, tend to associate revelry and abandon with the very mention of America. But a factor that is often overlooked, and one which underwrites her prosperity, is her competence in the disciplines integral to wealth creation. America makes great movies, (in fact invented the concept of movies as we know them today), but she also boasts talented masons, machinists, carpenters, landscape architects, welders, sign designers and so on. Indeed the very concept of invention is considered a sacrosanct American tenet. Contrast this with many Nigerians who display no desire to create the goods they crave, and one can understand why the materialism pervading our culture is particularly unseemly. It is not our submission to materialism that is wrong necessarily; it is our tendency to benefit without making sacrifices that needs rehabilitation. Wayfarer Points taken. When I said Nigerians are obsessed with material things, perhaps I was not specific enough. Yes, the Americans are very materialistic. That is the essence of capitalism. But I wouldn't say the average American is obsessed with material things. The Americans aren't going to worship someone who is known to have acquired wealth by embezzling public funds as the case is in Nigeria. That is where the difference lies.