BENIN CITY — THIRD Republic Governor of Edo State, Chief John Odigie-Oyegun and the former Minister of Information, Chief Edwin Clarke yesterday agreed with the position forwarded by the Economic and Financial Crimes Commission (EFCC) on the need to challenge and withdraw the immunity clause protecting the state governors from criminal prosecution while in office, warning that such move should not be done in a court of law but through a constitutional amendment that will empower state and national legislature to remove indicted state governors.
While Chief Oyegun said such amendment to the immunity clause should be done in a way that it would not be a tool of vendetta toward the Plateau State governor, Chief Joshua Dariye, but one amended to arrest and prosecute state governors identified as committing criminal offences while in office, Chief Edwin Clark noted that though the scope of the immunity clause provided for by the constitution should be defined by the court, the removal of any erring state governor and president must be determined by the states and national assemblies.
Both Oyegun and Clarke spoke yesterday in a separate interviews with Vanguard in Benin City, Edo State.
According to Chief Oyegun, "there are two ways to look at it. First, I am strongly of the view that these governors need to be disciplined and for them to be afraid of something. Otherwise, all their conducts are contrary to reasoning. From these point of view, our laws should be modified in a way that it will not grant immunity from criminal acts. They should have immunity from some mistakes made on policies and other issues but they must not be granted one from criminal acts we hear about. Immunity must not do that, no Nigerian, from the governors to president upward should be protected from criminal action that they made while in office.
"Let me tell you the second aspect of this issue that has shocked me; the only reason apparently that the EFCC is in court is the fact that Governor Dariye is seen to have fallen politically with the perceived important people in Aso Rock. And that galls my bladder and makes me angry. It showed that even in an institution that pretends about integrity there are criminals. The Minister of Finance had on several occasions made the facts known about some governors looting funds. So they were aware of these things, why do they make it look as if because the Plateau Governor has fallen out with the presidency he must be prosecuted. It then begins to look like a vendetta."
Chief Edwin Clark, however, noted that the immunity clause provided by the constitution was done to protect an embarrassing situation whereby the governors are protected from unnecessary diversion by political adversaries, but said 'there is no doubt that many of them, governors, have committed criminal acts. And one would hope that there should be no scope of immunity. I must caution that if you want to review or remove the clause, it should be through an amendment to constitution.
"The action of the EFCC may be right but the statement of its Chairman, Mallam Nuhu Ribadu is provocative for a public official. The state and national assemblies should be empowered by the constitution and allowed to impeach any governor or president if they are found to have committed an offence. The issue of Governor Dariye is not enough to remove immunity through a court process."
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