No Absolute Immunity In Nigeria’s Constitution – Falana - Politics - Nairaland
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| No Absolute Immunity In Nigeria’s Constitution – Falana by shotin(m): 9:18am On Jul 03, 2016 |
Foremost human right activist and Senior Advocate of Nigeria (SAN), Femi Falana, yesterday carpeted agitations in some quarters over the freezing of the personal account of Ekiti State governor, Ayo Fayose, and the current prosecution of the leadership of the Senate over allegation of forgery. Speaking on the topic “Limit of executive immunity” at an event in Benin City to mark the 60th birthday of the Secretary to the State Government (SSG), Professor Julius Ihonvebere, Falana said there are Supreme Court decisions that said immunity for president, vice president, governors and their deputies cannot be extended to certain criminal acts. He said the Supreme Court has also ruled that the Attorney General of the Federation can direct the Attorney General of a state to investigate allegation of public money being stolen in states, even if the money belongs to the state, as according to him, the Supreme Court said at that time, the issue is about public fund that has been stolen. “Apart from the President of our country, the vice president, governors and their deputy, who are protected under immunity in Section 308 of the constitution, others are now insisting that immunity be conferred on them. In particular, the legislators in our country are asking for immunity, but unfortunately, this is not the best time to make that request because right now, some of the leaders of the parliament in our country are standing trial for false declaration of assets, for forgery and conspiracy and some are even under threat of possible deportation to the United States to stand trial for rape and other related offences.” He continued; “The governor of a state came and called Nigerians to join him to challenge the temerity of the EFCC for seizing an account that is suspected to belong to the governor. The EFCC has quietly traced some stolen funds from Abuja and about N1.3b of that fund was traced to an account in Ekiti State with Zenith Bank. All that the EFCC did, when it got information that this particular governor has surrounded the bank with armed gendarmes to forcefully remove whatever was left of that money from the account, was sent an order to the bank seizing the account and the EFCC went to court to obtain an order to legitimise the seizure of the account. As soon as the governor learnt that the account has been frozen, he challenged that action of the EFCC on the ground that as a sitting governor, he enjoys absolute immunity from arrest, investigation and prosecution and argued that the action of the EFCC was illegal and unconstitutional. “I referred the governor to the judgment of the Supreme Court involving Fawehinmi and the Inspector General of Police. In the judgment delivered by Justice Uwaifo (rtd.), My lord subjected Section 308 of the constitution to a serious intellectual scrutiny and concluded that the immunity conferred on the President and governors by the constitution cannot be extended to investigations, if they are alleged to have committed criminal offences and of the three examples given by my lord, money found in an account of a governor was one of them.He simply said supposed a sitting governor is accused of corrupt practices and money has been traced to an account, which is suspected to have been stolen, if it’s not investigated and the account cannot be touched, the money is likely to be moved and by the time he is out of office, the money would have disappeared. He went further that if a governor has his own car and that car killed somebody and you say that he cannot be investigated, the car might have been sold before the expiration of the term of office of the governor. Therefore, investigation shall be conducted. The report may be sent to the House of Assembly for impeachment or the report may be kept until the governor will be out of office and he can be prosecuted. “The governor said, “Zenith Bank gave me the money for my election. If he maintains that position, he will be guilty of committing many offences under the law. N1.6b was taken from Abuja in cash. Nobody can take more than N2m cash around. So, that is against Section 1 of the Money laundering Act. Number two, if he says that a bank gave him money to campaign, that means the bank stole depositors funds and laundered it for a campaign. Again, that is a serious offence under the company and allied matters Act because it specifically provided that no company or corporate body should deploy funds of the company for politics. So, if the governor maintains that, he will also contravene section 90 of the Electoral Act, which provides the no corporate body shall contribute more than N1 million to anybody for political campaign.” He said just like the case of Abia State, where immunity could not save the governor who was removed, and that of President Muhammadu Buhari over his certificate, there are certain category of offences that a sitting chief executive of the country or the state would not enjoy immunity.” On the issue of the forgery in the Senate, Falana said the action of the Attorney General of the federation was right in prosecuting the officials. “Section 4 of the Legislative Houses Powers and privileges Act forgery of the documents of the House of the Senate is a serious offence. The Senate president or the Speaker is required under that law to report any forgery to the Attorney General of the federation, but because it was not done in this case, the Attorney General has decided to try them under the penal Code applicable in the FCT. But what was the reaction of the Senate? It said this is political victimisation, but has not said there is no forgery.” Governor Adams Oshiomhole, Pastor Usani Uguru, Minister of Niger Delta Affairs, who was the chairman of the occasion, Elizabeth Ativie, Speaker of the State House of Assembly and other members of the state Executive Council were all at the occasion. https://www.today.ng/news/national/146888/absolute-immunity-nigerias-constitution-falana# |
| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by SeverusSnape(m): 9:20am On Jul 03, 2016 |
Because it involves Fayose they are saying 'no absolute immunity', But there is absolute immunity for Aishaliburton, For Buratai and for dullardeen. Kontinu. 1 Like |
| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by asitis752: 10:10am On Jul 03, 2016 |
SeverusSnape:did you read that thing at all? |
| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by SeverusSnape(m): 10:32am On Jul 03, 2016 |
asitis752:Yes sir, I did. Though half way, You should know this was targeted at governor Fayose, Is it not the Falana I know? 1 Like |
| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by id911(m): 10:34am On Jul 03, 2016 |
Anything coming from Femi Falana should be thrown into the trash bin. The double-mouthed, bias and integrity challenged political lawyer is shameless. I will forever miss you Chief Gani Fawehimi 2 Likes |
| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by OLADD: 10:44am On Jul 03, 2016 |
SeverusSnape: Good talk. Has this double-mouthed chameleon ever heard talking about Buhari's WAEC Certificate debacle? Look at how he is twisting facts to justify his mischief. The constitution does not prevent investigating public officials (including governors) but it frowns at taking any action that leads to prosecutions including freezing of assets. Just because it's Fayose today, these politicians who parade themselves as social critics and democracy activists would turn our laws upside down in order to hang perceived enemies. Falana should just put on a full regalia of a politician instead of deceiving the nation in the name of legal luminary. 3 Likes |
| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by Abeymills(m): 10:51am On Jul 03, 2016 |
Pls shut up already dis hypocrite shameless zombie
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| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by asitis752: 10:51am On Jul 03, 2016 |
SeverusSnape:I am from ekiti. I dont belong to any political party cos I hate politics. I just use my common sense when it comes to political issue. I am not also interested in who is targeting who. It's only people like you that are interested(zombies and wailers). There are a lot of senses in wat I read up there. You steel money that is meant for 170million people and you are talking about immunity. One of his sons is drivin range rover sport while my friend dropped out of university becos he couldn't pay d fee for part2. There are so many Nigerians without brain I swear 2 Likes |
| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by SeverusSnape(m): 11:20am On Jul 03, 2016 |
asitis752:You're from Ekiti and so what  His son is riding range rover... Do you know what Buhari's children are cruising?... The expensive schools they attend in London?... Buhari is also a thief, He has immunity. Of course, there are many Nigerians (zombies) without brain. |
| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by Nobody: 11:22am On Jul 03, 2016 |
Falana don chop big bribe (YAM)  1 Like
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| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by asitis752: 11:57am On Jul 03, 2016 |
SeverusSnape:dats d problem I hav with you brainless wailers and zombies. Hav you visited ekiti state before? If yes you will discover dat over 60percent are government workers of which fayose hasnt paid their salaries for abt six months now which means most ekiti people hav not eaten today while fayose is having billions in his account. Ekiti workers are now calling their children dat are still in school to send money to dem to eat. Wot is my business with Buhari and his children? We are talking abt confirmed fraudulent life of fayose but you are diverting my attention to another fraudulent person but dat hasn't been confirmed. Do you now know dat it's not only zombies dat are brainless but including you the wailers? |
| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by Nobody: 12:03pm On Jul 03, 2016 |
When Fayose's Immunity expires in 2018 we will watch with glee while the government hounds the thug behind bars. Immunity only lasts for a maximum of 8 years |
| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by ASL33: 12:05pm On Jul 03, 2016 |
asitis752:All you wrote is applicable to almost all states in Nigeria Governors and president hide under immunity to loot the country dry. Immunity need to be removed and if we can't remove it then we should live with it and obey it. |
| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by SeverusSnape(m): 12:13pm On Jul 03, 2016 |
asitis752:Seriously, You're saying trash. No need for long talks, What is your business with Buhari's own?, Is he not your president?, Fayose is owing workers, yes, Is he the only governor owing?...Go and attack him, He's your governor. He has billions in his account, Please how did you know this?, Are you his account officer?... See, Fayose is not a saint, as a matter of fact no Nigerian politician is, My only grouse is trying to pull down one and exonerating another while at it. |
| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by asitis752: 12:25pm On Jul 03, 2016 |
SeverusSnape:where is d glaring fraudulent case against Buhari? I created a thread not long ago and talked about the only people with common sense in Nigeria which happens to be the people that do not support any political party so no need to argue much with you cos ur brain has been rewired for apc and pdp politics.d fact still remain dat fayose must not go wit dat money |
| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by SeverusSnape(m): 12:27pm On Jul 03, 2016 |
asitis752:... Must not go with which money?. I laugh. Go and stone him because he's acting as opposition to your president. |
| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by asitis752: 12:31pm On Jul 03, 2016 |
ASL33:did tou read d story at all? If yes did you read the part where justice uwaifo delivered a similar case in supreme court and where he said there is nothing like total immunity in Nigeria? Or you just rushed here to comment? |
| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by asitis752: 12:49pm On Jul 03, 2016 |
SeverusSnape:I know dis will be ur last resort. Because I am against fayose for being one of many Nigerians dat hav looted Nigeria and increased d level of poverty has automatically turned me to Buhari's supporter. Why are many of u fooolllish? How many people in ur town/city/village hav eaten today when someone is collecting 1.3billion for himself, wife and children without doing anything? Instead of you zombies and wailers to come together and tackle all the politicians without bias you are busy playing politics with the future of ur unborn children 1 Like |
| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by SeverusSnape(m): 12:51pm On Jul 03, 2016 |
asitis752:Be against all of them, Buhari and APC looters inclusive. Not Fayose alone. You support your looters, allow me to support mine. No one, I repeat, No one is a saint. |
| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by blackpanda: 12:57pm On Jul 03, 2016 |
asitis752: Why are u wasting your time with severussnape Thats like beating a dog for eating shit. Some people cant help but show their true nature by always supporting corruption |
| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by blackpanda: 1:00pm On Jul 03, 2016 |
SeverusSnape:
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| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by SeverusSnape(m): 1:04pm On Jul 03, 2016 |
blackpanda:See this liar who claimed to be Igbo yesterday, Don't you support corruption?... Yesterday, you were all over the place supporting the dullard's sectarian appointments, and you're saying another person supports corruption. Will you still run away today like you did yesterday?? |
| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by shotin(m): 1:18pm On Jul 03, 2016 |
The recent misconduct of some state governors has generated. growing concern among Nigerians on the need to amend the constitution and remove the immunity clause thereby exposing the governors and even the president to civil and criminal prosecution while in office. The removal of immunity clause, it is hypothesized, will check executive lawlessness, promote responsive and responsible leadership by the executive branch of government. However, this argument is trumped by the impeachment clause and suffers from a serious flaw, hence; the National Assembly should exercise restraint in rushing to any emotional calls for the amendment of the constitution. Laws are never passed by emotions; otherwise its consequences will further exacerbate the very problem it is intended to cure.The point of immunity is to enable the president and the Governors to perform their designated functions effectively without fear that a particular decision or action may give rise to criminal personal liability. And because of the singular importance of the duties, diversion of their energies by concern with lawsuits would raise unique risks to the effective functioning of government. The concern of the framers of the Constitution is the chilling effect that civil or criminal liability would impose on the performance of executive duties.... the immunity clause should be reviewed and check, nigeria politicians are using it as a guide to loot a lot of money believing they can hide under it. It is high time we stop deceiving ourself and face the reality... |
| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by Nobody: 1:35pm On Jul 03, 2016 |
asitis752:if you like come from Jupiter,it makes no difference. Falana is a worse hypocrites.why didn't he ask buhari to step down and face his forgery issue?rather he went on to defend him.shameless tinubu boy claiming social critic. |
| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by asitis752: 3:53pm On Jul 03, 2016 |
SeverusSnape:and who told you I'm supporting any of dem? Give me a clear case of fraud against any of dem and I go against you immediately. I will say I'll go with pdp if it's a must for me to join any of dem cos my uncle is now d spokesman for pdp and also a close pal of fayose but dat doesn't stop me to apply sense. |
| Re: No Absolute Immunity In Nigeria’s Constitution – Falana by asitis752: 3:56pm On Jul 03, 2016 |
frankline5:falane being a hypocrite is another point entirely |
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