Joseph Odok|9 October 2016
Section 308(1) of the Nigerian constitution provides for immunity of the President and Vice President and the governor and deputy governor of a state. Criminal investigation shall not lie against these class of people while serving their term in office. Absolute immunity from investigation on any criminal proceeding contained in the constitution is limited to only the President and his vice president and the governor and deputy governor
However for independence of the judicial and the legislative arms of government a certain level of immunity is granted to judicial officers and legislators because of the principle of separation of power. There are however some levels of checks and balance to prevent abuse of power; that is why the judicial officers and legislators have limited immunity and can be checked to avoid any form of abuses.
Of recent there have been great conspiracy by the executive, judiciary and legislative arms of government to perpetrate great level of corruption and abuse of power. This has been the reason for the call for the removal of immunity clause in the constitution. More so because immunity has often served as vehicles for large scale corruption capable of frustrating the growth and development of the country.
Today they are large scale corruption that warrants arrest and prosecution of some legislators and judicial officers. The absolute immunity of the executive have always served as a protective belt for the executive but the legislators and judiciary can always be investigated if there are clear cases of allegation of fraud or corrupt practices.
Collaboration with corrupt persons in the judiciary and legislators have increased misunderstanding of the constitution and possible propaganda that sometimes makes arrest of suspected corrupt person in the judicial and legislative arm of government appear an abuse of the independence of the judiciary and legislative arm of government rooted in the principle of separation of power.
In President Buhari days the Senate president was charged to court. Paucity of investigation by relevant agencies have been given as the reason for the withdrawal of the case by the federal government. No immunity covered the Senate President despite the fact that the Senate had internal mechanism to resolve it's maters. Be that as it may, this power of the Senate to resolve it's internal issues is limited to issues that bother on ethics and privileges and does not extend to criminal matter. Only the court can fully discharge criminal matters.
Just like the Senate, the judiciary has the legal practitioners and disciplinary committee to deal with issues bothering on conduct of judicial officers and judges. These powers does not preclude the court from prosecuting the criminal issues around judicial officers and lawyers. The criminal issues are to be determined in the court.
Upon suspicion of crime, the police or bodies established by law are to do some preliminary investigations before a person is to be charged to court. A legislator or judicial officer can within the provisions of the constitution be arrested, detained if suspected of an offence. Investigations are to be concluded before a person is charged to court. This does not in any way water down the independence of the judiciary or legislative arm of government.
The arrogance of some judicial officers and legislators especially in responding to investigations for questioning and investigation is in breach of relevant laws.
Recently, the social media has been agog with criticism of the actions of DSS in the arrest of some judges alleged to have compromised judgement and aided corruption. The police and relevant investigative agencies can arrest and detain a judge. Even the speaker of the house of representative and Senate can be arrested.
The right of the judicial officers and legislators and their independence as defined by the relevant laws does not grant them immunity. It is time to make every Nigerian equal before the law if we be interested in the fight against corruption
Joseph Odok (Esq)
Social Change Agent
