Abba Kaka: Immunity Clauses Should Be Sponged From Nigeria’s Constitution

Abba Kaka, an anti-corruption Crusader, has called for the removal of immunity clauses from Nigeria’s constitution, highlighting their role in shielding corrupt public officials from prosecution.

Kaka’s comments come amid the ongoing drama surrounding former Kogi State Governor Yahaya Bello and the Economic and Financial Crimes Commission (EFCC), a case he believes underscores the flaws in the Nigerian system.

In an interview with ARISE NEWS on Wednesday, Kaka argued that the constitutional immunity granted to governors and other top officials has allowed corrupt individuals to evade justice for too long.

Kaka noted that immunity has fostered a culture of impunity among Nigerian leaders, with many using their political power to avoid accountability. He pointed to the case of Bello’s successor, Ododo, suggesting that similar abuses of power and obstruction of justice should also be addressed.

“The issue of immunity in our constitution should be revisited. Immunity clauses should be sponged from the constitution. Assuming the governor didn’t have immunity, the EFCC would have stopped that car, opened it up and arrested Yahaya Bello instantly at that first time, but they could do that because of immunity. You expect that every governor in that level should be a responsible governor but obviously from Ododo’s case, it has been the other way round.

“Ododo at the end of his term, should be charged for aiding and abetting, as well as obstructing justice.”

Beyond the immunity clause, Kaka also expressed concerns over the broader legal framework, particularly the ability of the judiciary to grant bail to high-risk individuals like Bello.

“Judges have the prerogative to grant bail but my personal opinion is that he is a high-risk individual from all the drama that has happened.”

He called on judges to use their discretion carefully, suggesting that Bello’s passport should be seized to prevent him from fleeing the country.

“Just like other former governors during their time, I expect that his passport is seized today in the court and if I were the judge, I would exercise my prerogative not to grant him bail.”

In addition to his critique of the legal and constitutional system, Kaka urged President Tinubu to take decisive action against corruption by sending two key bills to the National Assembly.

The first, Kaka suggested, should be a bill proposing the death penalty for corruption-related offenses. While acknowledging that many lawmakers may resist such a bill due to their own vested interests, Kaka argued that the measure is necessary to send a clear message about the government’s commitment to eradicating corruption.

The second bill, Kaka emphasised, should focus on strengthening Nigeria’s anti-corruption agencies, such as the EFCC, ICPC, and the police, to ensure they have the resources and independence needed to tackle the growing tide of corruption.

“I am actually urging the president to send two bills to the national assembly. The first should be a death penalty bill to be signed by the national assembly. Obviously, you would say that they might not do that because most of them are targets of the bill but it is something we need to push. Then secondly, all these anti-corruption agencies like the ICPC, EFCC, Police, need to be strengthened.”

Kaka further pointed out the alarming financial mismanagement within government agencies, specifically citing the Nigeria Electricity Liability and Management Company. He called on the Ministry of Power to take immediate action to prevent further losses.

“In Nigeria right now, look at the number of borrowings we are doing. Every month we are borrowing left, right and centre. Let me tell you one case of a corruption ridden agency right now; the Nigeria electricity liability and management company. This is a power ministry agency. I call on the power minister. This is an agency under his watch. If you see the kind of money being stolen. The last time, 41.5 billion naira went missing. The power ministry has to look into this. It is very shameful. We are wasting this kind of money and we are also borrowing at the same time.

“The legacy of this administration is going to be based on the actual corruption cases they fight. This agency was supposed to only exist for five years but now they have existed for 13 years already and they are looking for regional offices when they are supposed to wind up.”

As Nigeria continues to battle corruption on multiple fronts, Kaka warned that the country is on the brink of anarchy unless serious reforms are made. He pointed out that the staggering scale of corruption threatens the stability of the nation.

“The issue is that the corruption in the land is so mind boggling that we are actually drifting to anarchy unless serious, honest and transparent steps are taken.”

Barring any last-minute changes, the Economic and Financial Crimes Commission (EFCC) will on Wednesday arraign the immediate past governor of Kogi State, Yahaya Bello, before a High Court of the Federal Capital Territory (FCT), Abuja.

Bello’s arraignment is coming several months after the anti-graft agency attempted to arrest and prosecute him over alleged money laundering and other charges.

News of his arraignment came shortly after he turned himself in to the commission which had sought a warrant for his arrest as far back as April this year.

Chioma Kalu