Posted by By Che Oyinatumba on
THE return of Governor DSP Alamieyeseigha notwithstanding, the Constitution provides thus: anything contrary in this constitution, but subject to section(2) of this section.(
THE return of Governor DSP Alamieyeseigha notwithstanding, the Constitution provides thus: anything contrary in this constitution, but subject to section(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 .
This section applies to a person holding the office of President or Vice-President, Governor or Deputy Governor. Section 308 of the 1999 Constitution of The Federal Republic Of Nigeria.Nigeria as usual, has carved a niche in the annals of political scandal. When other corrupt leaders are charged with an offence, such accusations are fought out using the existing instrumentalities of the legal institution. But for Nigeria, no defense team can beat a team of cosmetician; hence sex transplant (sorry switch dressing) becomes the umpire to adjudicate a matter. One wonders, if Alamieyeseigha (aka Alams; the name is too long) is not guilty of the offence? If Innocent, why not confront the British legal system with proof of his innocence?When the learned Attorney General (AG) of the federation argued bail for the embattled Governor, he didn't t take into account the fact that Alams is a retired air force officer.In Benin, air force is a colloquial for witches and wizards. How much more an officer? I have discussed this recent abrakadabra with my Edo friend, he keeps shaking his head, only repeating: Bros, I hail; Oyibo think they smart ? Who say Africa no get science? Ribadu of the infamous EFCC, was so pained (his voice came across so) during the BBC focus on Africa programme. He larmented, 'never again'. That a new day is coming. He was dressed like a woman ?
Before marrying Ribadu and my Urhobo friend's African science, let me remind Ribadu that we are yet to see/hear the outcome of the investigation of the President. It should be remembered that the President asked the EFCC to probe him. Many raised section 308 that EFCC cannot probe the President. This Nigerian charter on corruption was thrown at the face of Chief Gani Fawehinmi (SAN) when he called on the Nigeria Police to prosecute the Toronto saga involving Governor Ahmed Tinubu of Lagos State. So the mantra went: you can investigate but not prosecute.This interpretation of section 308 opened the floodgate of looting. Funny enough, those with the power to amend this section have fallen victim and yet they have done nothing about it.
The Speaker of the lower house, whose zeal to partake in the looting of the nation, blinded him to the requirements. Late senator Morris Ibekwe of Okigwe Senatorial Zone in Imo State was also a victim but the other senators refused to adequately, in this context, misinterpret. What is good for the goose, is good for the gander. Or are the senators and Reps hoping to become governors and be shielded by this section?How did this section get enshrined in the Constitution that is supposed to be a document drafted by the people for the purpose of promoting the good government and welfare of all persons in our country? Abacha (may his restless soul rest in peace) got some old politicians, herded them into Abuja and they allowed the glitters of Nicon Nuga and Sheraton to dull their sense and they allowed this section in order to protect Abacha. Abacha then was the only big head who could fit the over-sized cap constantly shown on NTA.
Some of the doctors of the 1999 Constitution are in the National Assembly. They should tell Nigerians how the section was smuggled in. whose interest was it to serve? May 1999, Obasanjo came on board and trumpeted his fight against corruption, boasting that no sacred cow would be spared. We thought the constitutional protection to official Kleptomaniacs will be expunged but nothing has been done.