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Reps propose president, govs’ immunity clause removal

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The House of Representatives is considering removing the immunity clause being enjoyed by the president, vice-president, governors and deputy governors.

A bill seeking to remove their immunity from criminal and civil prosecution is awaiting second reading at the House.

The Constitution amendment bill was sponsored by a member of the Peoples Democratic Party from Taraba State, Rimamnde Kwewum.

The explanatory memorandum on the legislation reads, “This bill seeks to provide for immunity and make the category of persons named and/or referred to in Sub-Section 3 of Section 308 of the 1999 Constitution not subject to legal proceedings, whether civil or criminal, during their period of office, provided that such actions or offences do not relate to or bother on acts of corruption, murder, treason, or other (personal) crimes committed by them as individuals, whether in or out of office.”

Kwewum, in the legislative brief on the bill, said it seeks to amend Section 308(1) (a), (b) and (c) and Section 308(2).

The lawmaker partly said, “This bill seeks to remove all forms of immunity whilst holding such office. Currently, Section 308 of the CFRN provides immunity for persons holding the office of president or vice-president, governor or deputy governor under Subsections 1(a), (b) and (c); (2) and (3) thereof. In effect, by this constitutional provision, restriction is placed on legal proceedings for persons holding these offices under Subsections 1 and 2, Section 308, CRFN.

“The amendment proposed here, however, seeks to limit or remove such immunity, whether civil or criminal, provided however that the action and decisions contemplated therein do not relate to such issues as corrupted to the crime of murder, treason, or any other personal crimes committed by the office holder as an individual whilst in or out of office.”

According to Kwewum, the immunity for heads of the executive arm of government presumes that holders of the offices necessarily possess some form of divinity that immunes them from committing crimes; always act according to the law and the constitution; do not have any interest or loyalties that go against the state and its people and are above the law-meaning that the law does not apply to them.

He stated, “The above tenets do not conform to democracy and natural law of justice. Besides, deifying human beings these regulations have protected heinous crimes against the people and the state.

“Increasingly, around the world the rules of accountability and equality before the law are being strengthened.”

Speaking on the cliché, ‘Wait till after tenure’, the lawmaker noted that some well-meaning people have argued that executives should not be distracted and that frivolous cases may be brought up against such executives.

Kwewum said, “The scenario of several cases cannot, however, prevent the strengthening of our system and constitutional framework to increase the greatest good for the highest number of people. Secondly, a chief executive – president or vice-president, governor or deputy governor – who commits a criminal offence has already distracted himself.

“Furthermore, such a criminal action itself disqualifies him from holding such a position and the very fact that he is suspected by law enforcement agencies and people of having committed such a criminal offence diminishes him and the offence he is occupying in the eyes of reasonable people.

“In addition, justice delayed is justice denied. Assuming a president or governor commits rape or murder, what if lack of immediate prosecution leads to his tampering with witnesses or evidence?

“The amendment being proposed will not pre-dispose governors and (other) executives to distraction as these are explicitly prohibited.”

The lawmaker cited various examples of other jurisdictions where immunity was limited or does not exist.

He said, “The United States of America: There is absolute immunity from civil litigation for official acts undertaken. The Supreme Court in the US held that the president does not possess absolute immunity from civil litigation surrounding acts he took before becoming the president. In 2020, the Supreme Court held that the president is subject to subpoenas in criminal prosecutions for personal conduct.

“The United Kingdom: Immunity from criminal prosecution is not immunity enjoyed by members of parliament. Parliamentary privileges are allowed. No prosecution for what is disclosed in parliamentary debates and processes.

“France: Only parliamentary privileges/immunity are allowed.

“Germany: There is only parliamentary privileges/immunity but parliament can vote to lift the immunity for specific members and allow prosecution.

“Chile: Parliamentary immunity. No immunity for serving Presidents. Prosecutions can commence immediately leaving office.

Culled from the Punch News Nigeria

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Nigeria: chibok abduction anniversary spurs demands for justice

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Militants, alongside relatives of victims of the infamous abduction of the Chibok schoolgirls that sparked global outrage in 2014, gathered in Lagos on Sunday, April 14, to renew calls for the release of the remaining girls in captivity.

The Sunday meeting was organized to mark the 10th anniversary of the abduction that affected 276 schoolgirls from the Government Girls Secondary School in Chibok, Borno State, northeastern Nigeria.

“What I would ask the government is to find a way to work towards bringing back our sisters because I know it is only the government that can help us bring back these girls,” said Grace Dauda, a rescued Chibok schoolgirl.

Another rescued schoolgirl, Rebecca Malu, added, “They should stay safe. They should stay strong, one day, they will be released like us.”

While some girls managed to escape on their own, others have been freed over the years through intense campaigns by civil society organizations and government negotiations. But this human rights activist, Ayo Obe, is calling for more action from the authorities.

“We know that we started with missing persons numbering two hundred and fifty-six; it is already an improvement that we are down to 91. But of course, 91 is 91 lives unaccounted for. We appreciate the fact that so many of them escaped during the abduction itself. We appreciate the fact that the government has brought back so many more of them, but we say that we don’t stop here. We need the momentum that has happened since the mass return during the Buhari administration in 2016-2017 to be maintained. We expected that the remaining girls would have been brought back,” she said.

Mass school children kidnapping in Nigeria has continued nearly unabated since Chibok. Around 1,700 students have been kidnapped in raids since 2014 according to Amnesty International.

A member of the Bring Back Our Girls movement and convener of the 10th-year anniversary in Lagos, Opeyemi Adamolekun, lamented this as unfortunate.

“Unfortunately, it became political between 2014 and 2015, part of the amplification of the movement was part of the 2015 presidential campaign. And we saw the effect of the first batch of 21 that were released with the help of the Red Cross and the Swiss government. The second batch of 82 that were released with the help of the Red Cross and the Swiss government as well. But unfortunately, it seems that energy sort of dissipated because the government doesn’t feel as much pressure as they used to feel,” she said.

For this group of Nigerians, the government must match words with more action to stem the tide of mass school kidnappings in the country.

According to the Murtala Muhammed Foundation, a charity that advocates for the Chibok schoolgirls, about 90 girls still remain in captivity while dozens of the schoolgirls freed over the years are living inside a military-run rehabilitation camp with surrendered Boko Haram fighters they married in the Sambisa forest, Boko Haram’s main hideout.

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Nigeria suspends permit of 3 private jet operators

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Nigeria’s Civil Aviation Authority (NCAA) has taken action against private jet operators flouting regulations by suspending the Permit for Non-Commercial Flights (PNCF) of three operators caught conducting commercial flights.

This crackdown follows warnings issued in March 2024.

Acting Director General Capt. Chris Najomo stated that increased surveillance at Nigerian airports led to the grounding of three operators found violating their PNCF terms. Specifically, they breached annexure provisions and Part 9114 of the Nigeria Civil Aviation Regulations 2023.

In response, the NCAA announced a thorough re-evaluation of all PNCF holders to ensure compliance with regulations, to be completed by April 19th, 2024. PNCF holders have been instructed to submit necessary documents within 72 hours to expedite the process. Najomo emphasized these actions highlight the NCAA’s commitment to enhancing safety in Nigerian airspace.

Furthermore, the NCAA warned the public against using charter operators without a valid Air Operators Certificate and urged legitimate industry players to report any suspicious activities promptly.

This crackdown comes after the NCAA’s stern warning in March against PNCF holders engaging in commercial operations.

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Senator Cory Booker Leads a Congressional Delegation to Nigeria

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Photo: Senator Cory Booker (In the back) and a Diplomat from the US Department of State, joins with members of the Academy for Women Alumnae Association including Mercy Ogori of Kokomi Africa and Adebisi Odeleye of Moore Organics.

Senator Cory also met women entrepreneurs from the Academy for Women Alumnae Association

Last week, US Senator Cory Booker from New Jersey led a congressional delegation to Nigeria, which included House of Representatives members Sara Jacobs and Barbara Lee from California. The purpose of the visit was to discuss a partnership on sustainable development. During the talks, Nigerian President Bola Tinubu expressed his administration’s dedication to strengthening democracy through upholding the rule of law and ensuring good governance, justice, and fairness for all citizens. Senator Booker emphasized the shared values of democracy, the rule of law, and commitment to peace and good governance that bind Nigeria and the United States as partners.

The delegation also met with women entrepreneurs from the Academy for Women Alumnae Association, who had participated in US-sponsored exchange programs. Led by Adebisi Odeleye of Moore Organics, the businesswomen shared their experiences and discussed their entrepreneurial endeavors. Other Academy members were Mandela Washington Fellow, Nkem Okocha of Mama Moni, Inemesit Dike of LegalX, and Mercy Ogori of Kokomi.

The partnership between the United States and Nigeria has lasted over six decades, focusing on addressing security challenges, enhancing health security, and responding to global health crises. Despite obstacles like corruption, poverty, and insecurity, the US remains dedicated to supporting Nigerian institutions and promoting free, fair, transparent, and peaceful elections.

During the visit to the State House, Senator Booker reiterated the shared values of democracy, the rule of law, and commitment to peace and good governance that unite Nigeria and the United States as partners.

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