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Saturday, 29 March 2014
Confab delegates to kick against immunity clause
There are indications that the delegates at the ongoing National Conference in Abuja are planning to vote in favour of the removal of immunity clause from the constitution.
The result of an investigation by the Punch shows that many delegates at the conference want an amendment of Section 308 of Constitution, which deals with immunity for the President and state governors. The section states that “Notwithstanding anything to the contrary in this constitution, but subject to subsection (2) of this section.
“(A) no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office;
“(B) A person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise; and
“(C) No process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued;
“Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office.”
Over the years, this section of the constitution has frustrated the war against corruption as it has prevented anti-graft agencies from prosecuting corrupt public office holders.
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