YAHAYA BELLO: Gov. Ododo and the desecration of immunity

 

By Pascal Ibe

The corruption of our politicians, our leaders, and the heads of big corporations didn’t suddenly happen when they found themselves in influential roles; it has been an ongoing part of our everyday relationships and society for a long time.

In many occasions, especially when a former governor is under probe or prosecution by the Anti-Graft agency, the present governors of States are seen in public space disgracefully defending their predecessors.

Even when it’s clear that the former governors willingly pushed out huge funds meant for public development, these State governors will go any extent to shield them.
In Nigeria. No doubt, it’s the notion of godfatherism.

Standing in solidarity with ex governor Willie Obiano who’s facing N4bn money laundering trial, Mr Soludo, who took over as governor from Mr Obiano in March 2022, expressed hope that the former governor’s predicament would pass away.

On 26 January 2024, Governor Charles Soludo of Anambra State,, visited Willie Obiano, a former governor of the state who is facing trial over money laundering.

“Today, accompanied by the APGA National Chairman, Ezeokenwa Sly Jr., I paid a solidarity visit to my respected predecessor, Chief Willie Obiano, in Abuja,” the governor wrote on his X handle.

He said he had a two-hour “chat” with the former governor over his trial.

“By His (God) Grace, this too shall pass,” Mr Soludo said of Mr Obiano’s court trial.

This brings me to the ongoing chase of the White Lion (Yahaya Bello) by EFCC.

The former Kogi State governor has been under the commission’s watch for alleged economic and financial crimes while in office.

But something happened few days ago.

Two courts of competent jurisdiction gave different judgements on the matter on Wednesday.

The Kogi State High Court, Lokoja, in a ruling delivered by Justice I.A. Jamil, restrained the EFCC from arresting the former governor.

However, Justice Emeka Nwite of the Federal High Court, Abuja, gave the commission the go-ahead to arrest Bello preparatory to his arraignment in court for alleged corruption.

On Wednesday, the incumbent governor of Kogi State, Usman Ododo, helped former governor of the state, Yahaya Bello escape arrest by operatives of the Economic and Financial Crimes Commission.

Ododo’s arrived with heavy security at about 2:30 pm on Wednesday.

About two hours later, at exactly 4:20 pm, Ododo’s entourage drove out with Yahaya Bello in the governor’s car.

About 10 minutes after the governor and former governor left, EFCC operatives laying siege to Bello’s home retreated from Benghazi street, Wuse Zone 4, Abuja.

It’s best way to point out that this is a clear profanation, sacrilege, impiety and abuse of the highest office in Kogi State by governor Ododo just because ill immunity clause.

Immunity seen as an exemption conferred on a person in order to protect him from litigation or persecution. The Constitution of the Federal Republic of Nigeria 1999 as amended accords immunity to the president, vice-president, governors and deputy governors only. The import of this constitutional conferment is that no civil or criminal proceedings should be instituted against them while in office. This singular feature of the immunity clause emphasizes the functional necessity of the immunity which the constitution canvasses for these political office holders. A trial relating to any crime committed by any of them can commence after their tenure in office expires.

To this day, this raises the issues that evidence against them might have been destroyed, prosecution witnesses may die before the trial commences and changes in the law can enable them to evade justice.

One of the most pressing debates in Nigeria today is on the continued retention, or removal, of the immunity clause enshrined in section 308 of the 1999 Constitution of the Federal Republic of Nigeria. Some scholars canvass for the removal of the immunity clause because its retention, they argue, appears ironic in view of the stance of the government to rid governance of corrupt practices, including misappropriation of public funds.

On Friday, a human rights lawyer, Deji Ajare, made the call in a letter addressed to the speaker, through the clerk of the House on Friday, accusing Ododo of misconduct and abuse of office.

The lawyer said Ododo, adding that the act amounted to harbouring a fugitive, obstruction of justice, and the misuse of state resources.

The letter asked the assembly to cooperate with the EFCC and ensure all individuals involved are available for questioning and investigations.

For me, Ododo using immunity to aid a wanted delinquent criminal, Yahaya Bello who looted Kogi State dry, shows that Ododo will do more damage in the coming years in Kogi. It’s that bad.

Pascal Ibe, a writer and journalist, writes from Owerri, Imo State.

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