Immunity In Governance: To Be or Not to Be
On this article, we are going to look at immunity in governance in Nigeria. Click on the link below for my previous post on the Nigerian conundrum, USD falls to the Naira while prices remain high.
https://www.bulbapp.io/p/28b0d2cf-1414-420f-90f0-bec51c495e20/the-nigerian-conundrum-usd-falls-to-the-naira-prices-remain-high
In a system where governors use their office for personal gain, constitutional immunity provides cover for corruption, including money laundering and misappropriation of funds.
This misuse of power undermines governance and harms the public. Reviewing the constitution to limit or remove immunity for high-ranking officials would allow for better accountability and transparency.
Strengthening anti-corruption agencies and promoting a culture of integrity can help curtail corruption and strengthen democracy.
Ultimately, leaders should serve the people with honor and conscience.
Introduction
The concept of immunity for elected officials is intended to enable them to govern without fear of legal harassment, but in practice, it often provides cover for corruption. In Nigeria, this is particularly true for governors, who benefit from constitutional immunity that shields them from prosecution while in office. This has led to widespread misuse of power, with allegations of money laundering, misappropriation of funds, diversion of funds, and awarding contracts to themselves without proper execution.
These governors often exploit their positions for personal enrichment, leaving the state and its citizens to suffer the consequences. Although the Economic and Financial Crimes Commission (EFCC)
One infamous case involves the former Governor of Bayelsa State, Diepreye Alamieyeseigha, who faced charges of corruption and money laundering. He famously fled Nigeria disguised as a woman, but was eventually caught and convicted.https://saharareporters.com/2013/03/21/corrupt-former-gov-alamieyeseigha-could-be-entitled-billions-he-stole-based-presidential#google_vignette
More recently, former governors such as Willie Obiano of Anambra State and Ibrahim Babangida Aliyu of Niger State have faced scrutiny from the EFCC for similar allegations.
Picture of Diepreye Alamieyeseigha disguised as a woman
Another recent case is that of the outgoing Governor of Kogi State, Yahaya Bello, who has been declared wanted by the EFCC. His case is a prime example of how sitting governors can operate with impunity until their immunity expires, leaving them open to prosecution only after their term has ended.
https://images.app.goo.gl/LTY7oe655T6iYrDM7
Image of the former Governor of Kogi State declared wanted by the EFCC
Best Solutions Based on International Standards.
There are several potential solutions to address this issue and increase accountability for elected officials in Nigeria:
1. Constitutional Review:
The Nigerian constitution should be amended to remove or significantly limit immunity for governors and other high-ranking officials. This would enable the EFCC and other agencies to investigate and prosecute corruption more effectively.
2. Transparent Governance:
Adopting transparency measures such as open contracting, public financial disclosures, and independent audits can help prevent corruption before it occurs.
3. Stiffer Penalties:
Implementing harsher penalties for corruption, including substantial fines and lengthy prison sentences, can act as a deterrent for officials tempted to engage in corrupt practices.
4. International Cooperation:
Collaborating with international organizations and countries to track down and prosecute corrupt officials who attempt to flee Nigeria can help bring justice and recover stolen assets.
In developed countries, political accountability is higher due to robust legal systems and effective checks and balances. For instance, in the United States and the United Kingdom, no sitting governor or high-ranking official is above the law and can be investigated or prosecuted while in office. These countries also employ stringent penalties for corruption, including forfeiture of assets and lengthy prison sentences.
A Sustainable Approach
To address corruption among governors and other elected officials in Nigeria, a multifaceted approach is necessary. This includes:
Strengthening Anti-Corruption Agencies:
Providing the EFCC and other anti-corruption bodies with the resources and independence they need to investigate and prosecute corruption effectively.
Public Awareness and Involvement:
Encouraging citizens to hold their elected officials accountable through civic education and participation in the political process.
Promoting a Culture of Integrity:
Advocating for ethical leadership and governance at all levels can gradually shift the political culture away from corruption.
Conclusion
In conclusion, while immunity for governors and other elected officials can serve a legitimate purpose, its misuse for personal gain undermines governance and harms the public. Reviewing the constitution and implementing other measures can help curtail corruption and strengthen Nigeria's democracy.
References
1. BBC News. (2005, November 11). Nigeria ex-governor back home. Retrieved from [BBC News](http://news.bbc.co.uk/2/hi/africa/4433002.stm)
2. Premium Times. (2022, November 2). EFCC declares Kogi State Governor Yahaya Bello’s aide wanted over N10 billion bailout fraud. Retrieved from [Premium Times](https://www.premiumtimesng.com/news/headlines/563372-efcc-declares-kogi-state-governor-yahaya-bellos-aide-wanted-over-n10-billion-bailout-fraud.html)
3. The Guardian Nigeria. (2021, September 2). EFCC arrests former Anambra Governor Willie Obiano. Retrieved from [The Guardian Nigeria](https://guardian.ng/news/efcc-arrests-former-anambra-governor-willie-obiano/)
4. Vanguard. (2020, February 25). Former Niger governor, Babangida Aliyu, docked for alleged N1.5bn laundering. Retrieved from [Vanguard](https://www.vanguardngr.com/2020/02/former-niger-governor-babangida-aliyu-docked-for-alleged-n1-5bn-laundering/)
5. The Punch. (2022, September 16). Nigeria among world's most corrupt countries — UN report. Retrieved from [The Punch](https://punchng.com/nigeria-among-worlds-most-corrupt-countries-un-report/)
6. Transparency International. (2022). Corruption Perceptions Index 2022: Nigeria. Retrieved from [Transparency International](https://www.transparency.org/en/cpi/2022/index/nzl)
7. EFCC. (2024). Economic and Financial Crimes Commission: About Us. Retrieved from [EFCC](https://www.efccnigeria.org/efcc/about-us)
8. US Department of Justice. (2018, July 20). Nigerian governor, associates charged with laundering over $12 million to finance political campaign. Retrieved from [US Department of Justice](https://www.justice.gov/usao-edny/pr/nigerian-governor-associates-charged-laundering-over-12-million-finance-political-campaign)
