If a bill before the Senate sails through, the nation’s Vice President, Governors and Deputy Governors will be liable for criminal prosecution if they are indicted for misappropriation of public funds while still in office.
The President Vice President, Governors and their deputy currently enjoy immunity from criminal prosecution but the bill sponsored by the Deputy President of the Senate, Ovie Omo-Agege, if passed, will alter the necessary sections of the constitution to make it possible for law enforcement agencies to arrest and prosecute the vice- president, governors or their deputies found guilty of funds’ misappropriation.
The bill is titled, ‘An Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999, to qualify criminal liability for certain public officers under Section 308.’
The proposed amendment seeks to alter Section 308 of the Principal Act by substituting subsection 2 with a new subsection, providing that any beneficiary of the immunity clause currently in the constitution would lose it if indicted by the court after a thorough investigation by the police and the anti-graft agencies.
It reads partly: “To persons who hold the office of Vice-President, Governor or Deputy Governor.
“If it is determined either by the Economic and Financial Crimes Commission, Independent Corrupt Practices Commission, Nigeria Police and Department of State Services through a collaborative investigation that the said person is indicted by a court of competent jurisdiction for:
“(i) Financial misappropriation of funds belonging to the Federal, State or Local Government; or
“(ii) Sponsoring of thugs to perpetrate violence that cause injury or death of political opponent, a member of his family, agent or personal representative.”
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