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Lagos-based human rights activist and lawyer, Femi Falana, has said the
era of absolute immunity had gone and that President Buhari, his deputy
and governors who committed criminal act could be arrested while in
office.
Femi Falana (SAN)
While speaking on: “Limit of executive immunity”
in Benin to mark the 60th birthday of Prof. Julius Ihonvebere, the
Secretary to the Edo State Government (SSG), a Senior Advocate of
Nigeria (SAN), Femi Falana, on Saturday, said the era of absolute
immunity had gone and that President Buhari, his deputy, Yemi Osinbajo
and governors who committed criminal act could be arrested while in
office and taken for trials.
The human rights activist who disclosed that immunity did not also
extend to electoral fraud, said that according to a Supreme Court
ruling, there was no longer absolute immunity, therefore governors
involved in criminal charges, including the leadership of the National
Assembly must face the law.
Recall that Femi Falana had earlier in an article on June 22 quoted
the Supreme Court as ruling in Chief Gani Fawehinmi vs. Inspector
General of Police (2002) 23 WRN 1:
“That a person protected under section 308 of the 1999
Constitution, going by its provisions, can be investigated by the police
for an alleged crime or offence is, in my view, beyond dispute. To hold
otherwise is to create a monstrous situation whose manifestation may
not be fully appreciated until illustrated.
"The evidence may be useful for impeachment purposes if the
House of Assembly may have need of it. It may no doubt be used for
prosecution of the said incumbent Governor after he has left office. But
to do nothing under the pretext that a Governor cannot be investigated
is a disservice to the society.”
He urged the Senate President, Bukola Saraki and his Deputy, Ike
Ekweremadu, to face the forgery charges against them rather than
politicking about it, saying “they have no immunity to dodge the charges against them.’’
He faulted the invitation extended to the Attorney General of the
Federation, Abubakar Malami, by the leadership of the senate over the
forgery allegation against the senate president and his deputy.
“The senate is now politicising the issue, saying it is political victimization but not that the offence was not committed.
“As leaders of the National Assembly, you are supposed to be above board and that is even the more reason you must be careful.
“But I want to remind the senate that the Attorney General of
the Federation is only answerable to his boss, who is the president and
nobody else. The same thing applies to the states, so there is no longer
absolute immunity in this country.
“And that is why what is happening in Ekiti today about money
found in a bank and the governor is saying it is illegal to freeze his
account that is not true. Any issue that is criminal in nature must be
treated as such,” he declared.
Falana however described Ihonvbere as a resourceful Nigerian, who fought doggedly for the nation’s democracy.
Present at the occasion where Falana spoke are: Governor Adams
Oshiomhole; the Minister of Niger Delta Affairs, Usani Uguru; Speaker
of the state House of Assembly, Elizabeth Ativie and other members of
the State Executive Council.
When News Breaks Out, We Break In. (The 2014 Bloggies Finalist)
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