Mohammed Ndarani Mohammed, a Senior Advocate of Nigeria (SAN), believes that in order to effectively tackle corruption and abuse of power in Nigeria, it is crucial to completely eliminate the immunity currently granted to Presidents and Governors.
He argues that Section 308 of the 1999 Constitution of the Federal Republic of Nigeria, which provides immunity to Presidents, Vice Presidents, Governors, and Deputy Governors, should be abolished for the country to make real progress in combating corruption and misuse of authority.
Section 308 of the Constitution shields the President and Governors from civil or criminal proceedings, arrests, imprisonment, or court orders compelling their appearance, which Ndarani Mohammed describes as the root cause of corruption in Nigeria.
According to him, the problematic socio-economic and political challenges hindering the country’s development stem from the immunity enjoyed by Governors and their Deputies during their tenure.
Ndarani urged the National Assembly to reconsider Section 308 and either amend, restrict, or entirely remove it to hold Governors more accountable and responsible for their actions.
In a discussion with judiciary reporters in Abuja, Ndarani emphasized that corruption, deeply embedded in the nation’s democratic governance system, can be directly attributed to the immunity clause.
He called for the deletion of the immunity clause from the constitution as a critical step in the fight against corruption in Nigeria.
Expressing dissatisfaction with the extensive immunity granted to Governors and Deputy Governors across all states, Ndarani highlighted the lack of equality before the law, fair judicial processes, and equal access to the court under Section 308.
Ndarani stressed that the current immunity provisions create a loophole for impunity, making it difficult to prosecute certain officials and hindering the fight against corruption.
He emphasized the need for a legal overhaul in Nigeria, suggesting a comprehensive review of various constitutional sections, including the removal of impediments to resource control and a reevaluation of economic policies.
In response to concerns that removing immunity could expose Governors to legal battles and distractions, Ndarani argued that accountable and non-corrupt Governors should not fear such actions if they govern prudently.