A successful war against corruption in Nigeria is crucial for national development.

Corruption has unarguably impeded Nigeria’s development and advancement. The immunity clause in the constitution of Nigeria 1999 has become an impediment and great obstacle in the war against corruption in our nation.

It is imperative that Nigeria urgently expunge, remove and repeal the immunity clause in the constitution of Nigeria, which has been turned into an impunity weapon by too many public office holders in the various levels of government in Nigeria.

It has become clearer by the day, that immunity clause need to be jettisoned immediately to enable Nigeria fight corruption at home and abroad. Too many office holders in Nigeria are now using the immunity clause as a sort of shield and bullet proof for their criminal behaviors and all manners of gross misconduct, while the hold on tenaciously to public office that was entrusted to them by the Nigerian electorate, whether these office holders are in such position de facto or de jure is almost irrelevant, they are there now!

In “A Delicate Balancing Act, Arguing Both Sides of Immunity” I argued that common good or public good of the majority of our citizens, requires freedom of action on the part of public office holders, and a protection against fear of and from prosecutions for actions taken for the benefit of the generality of the citizenry, such freedom of action should not have an impinging cloud, or danger of deterring public spirited actions by Nigerian public office holders, as I argued that immunity has immense value and benefits, if and when it is not abused; But now? Now, I have painfully, and agonizingly come to the conclusion that the immunity clause have become abused, cursed, misused and bastardized so much, the only way out, is to excise the immunity clause from the constitution of Nigeria 1999, just so, we can tackle the culture of immunity which has become so blatant in the brazen criminal misconduct of some Nigerian public office holders

Only last week, I read an article by one of Nigeria’s able and fair commentator, Mallam By Abdulrazaque Bello-Barkindo titled OUTSOURCING THE JOB OF THE NIGERIA POLICE?  And in it, he wondered why Nigeria has resorted to having the London Metropolitan Police or the British Police its parent body do the work that Nigeria law enforcement ought to be doing? He mentioned Nigeria Police, the EFCC and ICPC etc as such law enforcement agencies in Nigeria, who ought to aggressively and most vigorously pursue criminals, whether such criminals are messengers or governors of our states and other public officials from messengers to the president of our federal republic. And he is not alone, many other Nigerians for good or for ill, have expressed similar sentiments or concerns regarding fighting our corrupt office holder at an overseas front.

But it is now as if, some of our public officials, as a matter of abiding indifference to the ceaseless and inexorable hardships, sufferings and abject poverty of the majority of Nigerian citizens, even as they continue to rob our public treasury of our national wealth or resources; Corrupt public officials are insisting adamantly, in behaving as if possessed by the evils and with the devil-may-care attitude.

It must be borne in mind, that there are sufficient explanations and even justifications, for Nigeria’s federal government’s recent actions in seeking help and support outside of the shores of Nigeria to curb the extreme criminalities of some of Nigeria’s thieving officials. First, Nigeria is signatory to a United Nations Anti Corruption Convention and Protocol initiated in year 2000, ratified by Nigeria and almost two hundred countries; This means that Nigeria can practically seek help from any country on earth, in Nigeria’s efforts to eliminate, eradicate and tackle corruption  head-on.

Secondly, well meaning Nigerians ought not to really fault the present federal government of Nigeria, for taking every desirably necessary steps to curb corruption, including seeking help, where ever help and support can be found. Particularly in the face of the blatant and brazen of thieving governors and other public officials, who continue pillage and plunder Nigeria despite efforts by our Police, EFCC and ICPC and the courts.

Corruption is a desperately bad and acute cancer in our road to development and national advancement, corruption must be removed from our society and whatever drastic, drastic, but not arbitrary or draconian measures that must used, should be used, so long as such measures comply with due process, the rule of law and common sense etc. Nigeria has diplomatic and trade relations with many countries, and Nigeria must impress it on all countries to help and support our fight against the corruption scourge, we cannot shout loudly about our loathe for corruption and attendant deprivations, and then, at the same time, refuse to demonstrate willingness to quaff the legal and diplomatic measures it takes to accomplish it!

Additionally, Nigerians should and must question why accused public office holders now abandon the time-tested and true defense of self with statements of own innocence, but instead we now see a new mode of defense by our corrupt public officials, which is limited to finger pointing at others, who the accused suspect may be also corrupt.

With impunities, the bulk of our office holders, are shield and proofing themselves with and within the immunity clause of our constitution as they sneer at our laws and institutions, such as the police, the EFCC, the ICPC and the entire legal system and this has resulted in the continued stay in office, of many of our public office holders, despite the clear, cogent, complete and compelling evidence of corruption against such public officials.

For instance, it has been the case, that Governor Dariye is a free man, not in any prison, he has not been impeached, all this, despite the overwhelming evidence of corruption against him, including some of such evidence in pictures and video tapes, and more recently, Governor Alamieyeseigha is also waltzing and wafting with equivocations, as he relies heavily on the much abused and misused immunity clause in our constitution.

Public officials in Nigeria and in fact, most Nigerians are quick to declare their passion for all manners of religions, but when it comes to the war against corruption, some Nigerians seem to be quick to forget their religious claims and protestations of fidelity and claims to holier than thou. These corrupt public officials neglect religious injunctions

How can corrupt Nigerians forget that the holy books require everyone to answer for his or her individual deeds? How can Nigerians who believe in heaven and hell forget that it is their individual good deeds or bad deeds that will land them in heaven or hell respectively, and certainly not the deeds of others, good or bad?

This means therefore that any Nigerian accused and accosted for misconducts or crimes, must state their innocence, defend their personal integrity, good character, and good reputation if they ever had any, to begin with! We cannot give prostitutes maiden virgin statuses by referring to other virgins and maidens in the neighborhood, just as we cannot excuse our prostituting proclivities by pointing to other whores in our area.

 We do not become sinners, or excuse our sins, because there are others sinning sinners in our part of town! Each person according to the holy books must account for their sins and not the good or bad deeds of all others.

Now, will corrupt Nigerians answer the question, are you guilty or innocent?

Robot  Villager

# 1 Link to the article is here Posted by Robot| 27.09.2005 18:23

Guest

# 2 One question for you. Do you think Obasanjo is corrupt? Posted by Guest| 27.09.2005 19:07

Guest

# 3 One question for you, Do you have EVIDENCE of President Obasanjos corruption? Publish such evidence! Or send such evidence to me, if verifiable.... I will publish such under my name and picture! But if you have no evidence, except that you just rely on coffee-shop gossip and pepper-soup and beer-parlor rumor-mills or your gut instincts? You should perhaps just SHUT UP! Posted by Guest| 27.09.2005 21:50

Guest

# 4 At least I\'m not suffering from the Omoruyi syndrome regarding Babangida, as you seem to do with Obasanjo. I\'d see a psychologist, or perhaps psychiatrist if I were you. And oh, see a psychologist with a speciality in Freudian psychology. Posted by Guest| 28.09.2005 03:06

Guest

# 5 Paid idiot. How much is your salary from the government for your, er, work? Is it in dollars too? Posted by Guest| 28.09.2005 03:09

uche nworah

# 6 Paul I was wondering if you will still adopt this stance, if the immunity question is placed within a global or universal context? Do other countries have the immunity clause in their constitutions? This question has become imperative as a result of those people flying the rule of law kite in the Alamisiegha saga. As a U.S based lawyer, what can you say based on your experiences in legal and diplomatic practice on immunity, sovereinty and the rule of law? Every Nigerian wants corruption to quickly go away from our country, but the issue though is: Have the rule of law been observed in all the cases and scenarios currently playing out before us? or is their an agenda by a higher-up authority, to shoot down every known opposition under the \'fighting corruption\' garb? i suppose it is for this reason that Nigerians are crying foul. I was thinking that as a lawyer, you will be more on the side of the law (remember the presumed innocent argument?). Again, i still wonder why you seem less accommodating of discenting opinions and arguments, in our culture, telling someone to SHUT UP smacks of some kind of abrogated arrogance and insult just because the person differs in opinion from yours. Rethink this approach because in this our writing business, there are no absolutes or universal truths, we do not have all the answers, rather we are only contributing our piece of mind which others are entitled to as well. Posted by uche nworah| 28.09.2005 07:36

PAUL ADUJIE

# 7 Paul, (1) I was wondering if you will still adopt this stance, if the immunity question is placed within a global or universal context? Mr. Nworah, the circumstances surrounding the thieving governors and other pillaging officials are spectacularly unique in themselves Some Nigerian officials have turned the immunity clause to impunity culture and their misconducts are novel as they are ruinous! What is required therefore? Very extraordinary and drastic legal measures are imperatives. Anything short of draconian and arbitrary steps (2) Do other countries have the immunity clause in their constitutions? This question has become imperative as a result of those people flying the rule of law kite in the Alamisiegha saga. Mr. Nworah, True, other countries institute immunity clauses. Into their constitutional and national laws and it is observed reciprocally by nations… (Please endeavor to read the links) as they provide my comprehensive view on the immunity concept. The thieving governor of Bayelsa is not the president of Nigeria and he is not an ambassador…. Bayelsa does not appoint nor send diplomats of any level, to various countries, separate and apart from federal diplomats….there are no “state diplomats� a state is of course, a subdivision/subsection of Nigeria. (Federal diplomats is an oxymoron)! (3) As a U.S based lawyer, what can you say based on your experiences in legal and diplomatic practice on immunity, sovereinty and the rule of law? Mr. Nworah, I am an apostle of the rule of law and all the ideals and tenets of democracy, including due process rules. I have personally written position papers on the value, worth or benefits imbued in the concept of immunity from prosecution, and also its pitfalls, abuses…some Nigerian officials have clearly turned immunity protection on its head! (4.) Every Nigerian wants corruption to quickly go away from our country, but the issue though is: Have the rule of law been observed in all the cases and scenarios currently playing out before us? or is their an agenda by a higher-up authority, to shoot down every known opposition under the \'fighting corruption\' garb? i suppose it is for this reason that Nigerians are crying foul. I was thinking that as a lawyer, you will be more on the side of the law (remember the presumed innocent argument?). Mr. Nworah, this is the enigmatic nature of this unfolding saga! What comes first? The chicken, or the egg? The thieving governors are no respecter of the constitution of Nigeria, they are no respecter of the Code of Conduct Act, they observe no decency or commonsense morality. It is amazing how, these same criminals and their cohorts, are ALWAYS the one, with superb knowledge of their “rights� and constitutional protections! How about the constitutional provisions and all the other Nigerian laws that forbids stealing? Corruption? Pillaging? How about all the Nigerian laws that require State Houses of Assembly, to impeach morons like Governor Dariye and Moron in chief Governor Alamieyesiegha? And how about all the Nigerian laws and ethics that required these criminals to fund hospitals and roads and schools and other public infrastructures in their states? Why was Bayelsa governor in hospital in Germany? Are there no medical doctors in Yenagoa Bayelsa? Nigerian doctors in New York are excellent doctors and they were trained in Nigeria! Why won’t these governors equip the hospitals? Do you know what is worse? He was in a German hospital for cosmetic surgery or liposuction, because he was TOO FAT! While most Nigerians have become compulsorily a fourth of their weight, as a result of malnutrition! (5.) Again, i still wonder why you seem less accommodating of discenting opinions and arguments, in our culture, telling someone to SHUT UP smacks of some kind of abrogated arrogance and insult just because the person differs in opinion from yours. Rethink this approach because in this our writing business, there are no absolutes or universal truths, we do not have all the answers, rather we are only contributing our piece of mind which others are entitled to as well. Mr. Nworah, I agree with you that there are no absolute truths in our writing business. You know also that some questions are genuine and you can see those…while some other questions are merely posed as swipes and you will have to be aware that I have received an unfair number of such questions here. I enjoy legitimate questions, questions that for instance challenge my basic assumptions and perhaps, some conclusions that I had made prior, there are commentaries that require me to do a rethink, after questions are raised, even if the writer is abusive etc. However, it is a different animal, when some anonymous and faceless veiled person rhetorical question that suggests a complete lack of interests in an honest debate When people chose to do nothing or contribute meaningfully to debates…elevate it, add to body of knowledge, but instead more they are more interested in ridiculing my efforts, for ridiculing sake… I take strong exceptions… It is not a lot of fun to be called names ad infinitum, ad nauseam … If nothing is what you chose to do in our national debate? Don’t do it (nothing) with me. I actually put my heart into what I write… it is not entertainment! When questioners stick to the issues…I gulp my own medicine a la Mr. Uche Nworah! Posted by PAUL ADUJIE| 28.09.2005 17:12

Guest

# 8 Paul Adujie had no meaningful reply to the issue of Obasanjo\'s corruption. In a manner reminiscent of Obj\'s reply to the issue of Babangida\'s corrupt history, Adujie asks to be shown evidence of such corruption. It\'s either he is very naive, or very evil, or just a paid agent. My money is on the third option. There is no such thing as a national Nigerian debate, as Adujie seems to be believe, unless of course he considers the raving psychotic monologue going on in his mind a national debate. And if he believes that licking Obasanjo\'s a** in an extremely shameless manner constitutes a meaningful contribution to intelligent discussion, then he is even crazier than I previously thought. But for decency sake I should tell you, Adujie, the source of your obvious psychiatric problems and why you have an excessive and pathological love for somebody you consider a father figure. All I can advise you is seek help. I have every right to remain anonymous. However my thorough smashing up of the ideas from your mentally retarded and misdirected brain will continue to be the loudest event possible. Shameless 5th class refugee. Posted by Guest| 29.09.2005 12:52

Odinaka  Villager

# 9 Paul, the question shouldn\'t be whether it was right for the governor to have such a medical operation or why it should be in Germany and not in Nigeria. I do not disagree with some of your opinions but I believe that you don\'t present an objective analysis. The same way you condemn some so called corrupt Nigerians and those who are not happy with Obj\'s anti-corruption war should have been the way to criticise Obj\'s atrocities in Anambra, the Electoral act criminality, the perpetual closure of Savannah bank for political reasons and a host of other illegalities that have taken place under his watch. Why question the rationale behind the governor going for medical treatment in Germany and not condemn the presidency and his buddies who send their kids to study abraod? Surely Nigerian schools can be equppied. I think you need to be objective in you writing instead of calling people names. Posted by Odinaka| 30.09.2005 10:49

Unregistered

# 10 Dear Mr. Paul. Adujie, Which one is it? First you profess your undying love for the rule of law, Then you support draconian, and in fact suggest barbaric methods in pursuing and undermining the very sanctity and inviolability of the LAW you claim to love so much. That to me is sheer hypocrisy. Honestly sir, do you understand the application of law at all? Seriously do you? For laws to efficacious, they must be consistent, based on sound legal principles and must not be ambiguous. They must be sound and clear. Now, when you have a president who is supposed to abide by the constitution, which in effect means that he must respect and obey the constitution which he swore to by virtue of his oath of office. It must also become very clear to all, that his leadership has respect for the constitution in a clear, respectful and convincing. If that isn't eagerly and consistently, demonstrated for all to see, then I'm sure you can now see why no one in Nigeria takes the laws seriously. Would you? When the president is one of its greatest violators? What is to be expected from the leadership of such a country, where the president himeself hardy resides there. Junketing all over the world under the guise of one meeting or the other, must he attend all? can't he delegate? A sitting president, who refuses to respect the separation of powers doctrine, creates new courts to fight corruption, (I.C.P.C) creates new investigatives arm under the police. yet independent of police powers (E.F.C.C,) who now have a former Inspector-general of Police as their "house-guest". What is that telling you about due process. Is that how its done here? Can president Bush just send the F.B.I. to go and harass perceived republican rivals? What lead to President Nixon's resignation? What lead to Watergate now? All he knew was that they had broken into the Democratic opponents campaign office in the Watergate building, and Gordon Liddy had been caught. The fact that he lied about it cost him his job and almost sent him to jail. I cannot begin to enumerate all the impeachable offences against President Obasanjo. Where do I start? Is it from willful refusal to obey court order? Which one, Federal govt vs Lagos state (revenue allocation) Ngige vs Uba (1) Nullification of Ngige's impeachment and resignation (2) Re-instatement of Ngige's security details (3) Unlawful expulsion of Gov. Ngige from the P.D.P. Let us go to the approval of the budget and supplimentary expenditures. The way it works in most civilised and democratic nations. The executive plans the budget, and the legislature approves the budget subject to debates and "ways and means" by which the budget can be successfully implemented. In Nigeria, Mr. President submits budget to the legislature for rubber stamp and endorsement purposes only, and if you dare criticise anything in that budget, or ask the executive to explain its priorities? Watch out! the executive arm of government will either slash your own legislative allocation to balance any part of the budget you may wish to querry, or just withold your allocation until you (The national assembly) approve the said budget as is. So Mr. Adujie, is that not corruption? In a democratically elected government, in the 21 Century, for a president of the most populous black nation on earth, to resort to the blackmail, intimidation and ultimately selective prosecution of political opponent's as a way of keeping opposition and accountability in check. Is that not executive lawlessness romancing anarchy? Finally, if the immunity clause should, as you say be,repealled, excised or expunged. I would dare say it is to save us from the lawlessness and anarchy of Mr. President. Afterall, the governors and public officers that have a case to answer, are indeed members of his own party the P.D,P, which as they now claim, has disciplinary problems. How convienient after over 6yrs If it were to be in Britain or Japan, ministerial responsibility would at least compel President Olusegun Obasanjo to call for a general election if not outrightly resign. He seems to think nothing of asking others to do that while he hangs on to power at all costs.What a shameless opportunist of a man. Please advise him to go to his farm at Ota. Both of you can write his autobiography for all I care. You can also compile all your ludicrous and self-serving article on him and launch them. I assure you, you will get your just deserts! How can you continue to overlook the numerous and unending failures of this president and defend his policies? Honestly I refuse to believe you're that dumb. Okay, he has told us that if we had any evidence about the looted funds, we should come forward. Do you know that he was given a cathegorical list as far back as 1999?. Gen. Ibrahim Babangida Scored the highest with about 25 Billion$$$ Gen. Sanni Abacha about 15. Billion Gen. Jerry Oseni. Gen. Abdulsalami Abubakar. Admiral. Akhigbe. Alhaji. Gwarzo. Alhaji Dalhatu. Alhaji Mohammed Abacha. Chief Tom Ikimi, Gen. T.Y. Danjuma. Chief Don Etete, Chief Dan Etiebet,Chief.Anthony. Ani e.t.c. the list is simply too odious for me to continue. However, the point I'm trying to make, is that this is a matter of public record as far back as 24/6/1999. When the world bank made this information available to this president. This was reported in the financial times of London. On the date I have just made reference to. We are now in November 2005 (over 6 yrs) and you seriously want us to believe that he means well and is serious about the war against corruption, and yet you are unable to see that your father at aso-rock is the biggest 4.1.9. of all! Then you must be a fool. Perhaps it is in that regard you, SHOULD SHUT UP, lest you leave no one in doubt that you are! Thank you. R.B.N. Posted by Unregistered| 14.11.2005 05:21