THE PROPRIETY OF IMMUNITY FOR NASS AND STATE ASSEMBLY LEADERSHIPS

The propriety or otherwise of immunity for the leadership of National and State Assembly's leaderships has sharply divided Nigerians. The weight of public opinion has exclusively reserved immunity for only the executive arm of government. Some premised their reasons on some mundane rhetoric while others were anchored on emotion. Our opinions are often moulded by what we hear from people, what we see or read from the mass media which more often than are preconceived ideas of what the editor churns out for public consumption. That was why it is said that news is what the editor says is news. The bill which has passed second reading in the Senate recently threw the House of Representatives into another round of legislative commotion. 

In an ideal democratic situation, the law is sacrosanct and a respecter of no man. It firmly stands independently on its own without anyone interfering with it. The roles of the three arms are properly defined by these laws and no arm interferes with the other. In our unique democracy and the Unitary-Presidential system of government in practice, the power at the disposal of the executive is enormous that it is sometimes overbearing. The executive arm flaunt or throws the weight of this power recklessly around to compel and intimidate other arms to comply with certain decisions.
Section 308(1)(a) of the Constitution stipulates that “ no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office.” Subsection (3) further defined such persons as, “a person holding the office of President or Vice Presidents, Governors or Deputy Governor; and the reference in this section to “period of office” is a reference to the period during which the person holding such office is required to perform the functions of the office.” The writers of the Nigerian constitution did not envisage or foresee the crass overbearing influence of the executive arm of government over others arms. They took care of any imminent distractions that could hinder the smooth running of governments at the federal and states but did not envisage the kind of acrimony witnessed today in our polity especially as it affects the smooth running of the legislature.
Therefore, the urgent drive for immunity for the leadership of NASS and State Assemblies was a child of circumstance and necessity. When it has become evident that those who refused to rise from the defeat they suffered in the election of the leadership of the NASS are throwing deadly punches even from their lost grounds, a law to insulate the leaders of that arm who we knew are targets of prosecution from distraction is the only right approach very handy. Protection of the independence of the legislature at the national and states that makes good governance possible should be paramount. When someone under whatever guise tend to prosecute the principal officers of an arm of government which makes the laws as a pay-back for their strong will and seeming disobedience of party directives, the simple thing to do is to seek refuge within a law.

The politics behind immunity was one that has unduly favoured the executive arm since Abraham Lincon defined democracy as government of the people, for the people by the people. Does it mean that there is no element of corruption and executive recklessness in the executive arm in Nigeria? For many, it has been so and so shall it be forever and ever. Democracy is a beautiful practice anchored on equality and designed to better the lives of the practitioners. It provides excellent services and development to the people, checks and balances between the three arms of government which ensures synergy for smooth running of government. In Nigerians the tenets of democracy are desecrated with impunity by those in power. It is a master slave relationship between the executive and legislature where there seems not to be a clear mutual respect for the independence and authority of other arms. Democracy has evolved in Nigeria but we are far from reaping the beauty of representative government. 

It is always difficult for everybody to be on the same slate whenever Nigerians ventilate their views on issues bothering on our overall well-being. The constitution did not prohibit NASS or the Judiciary from immunity. It is pertinent to point out that the attendant backlash and inherent opposition to the bill by some members of the NASS acting the badly written scripts of party god fathers is a futile attempt to gag NASS and State Assemblies perpetually.  The bill on the long run is for the good and well-being of democracy. The NASS is determined than ever to do it, therefore no external influence or forces can stop it. 

Sunday Onyemaechi Eze, a Media and Communications Specialist is the publisher of thenewinsightng.blogspot.com. He writes via sunnyeze02@yahoo.com and can be reached on 08060901201. Twitter: @thenewinsightng