Mohammed Ndarani Mohammed, a distinguished Senior Advocate of Nigeria (SAN), has advocated for the elimination of the immunity clause for Presidents and Governors in Nigeria. According to Tuesday's report by the Daily Post, he emphasized the importance of addressing corrupt practices and misuse of authority.
He suggested abolishing Section 308 of the 1999 Constitution, which provides immunity to Presidents, Vice Presidents, Governors, and Deputy Governors, as a step forward in combating corruption.
Ndarani Mohammed characterized the immunity clause as "the backbone of corruption in Nigeria," linking the country's socio-economic and political challenges to the legal protection enjoyed by governors and their deputies. He contended that the clause breaches principles of the rule of law, equality under the law, and fair trial, and is absent from the constitutions of other nations.
The senior lawyer emphasized that eliminating the immunity clause is crucial for ensuring accountability and responsibility in governance. He called on the National Assembly to remove that section from the constitution in order to effectively combat corruption.
Ndarani Mohammed also backed the proposal for a new constitution, emphasizing that Nigeria requires comprehensive legal reforms to tackle its socio-economic and political issues.
He said, "If all the governors of the 36 states of the federation are immune, how can you promote equality before the law? This set of political office holders can't be prosecuted or even be compelled to come to court to give witness. Globally, no country has this in its constitution.
"How will you fight corruption in Nigeria when you know that some group of people cannot be sued or prosecuted, yet we operate a constitution that provides for equality of all citizens before the law?"