Supreme Court Wants Presidents, Govs’ Immunity Removed for Electoral Infractions

A Judge of the Supreme Court, Justice Ejembi Eko yesterday
called for the suspension of the immunity of a president and
governor who goes against Electoral Act.

But in the provisions of the constitution, a serving president
or governor cannot be prosecuted for any alleged infractions of the
country’s law while still in office.

However, speaking at a workshop for the review of Elections
Petition Tribunal in the 2019 General Election held in Abuja,
Justice Ekwo said such suspension would pave the way for
prosecution and subsequent punishment if found guilty of breaching
electoral laws.

Speaking on the theme: ‘Reform of Election Litigation Process:
The Constitution, Electoral Act and the Practice Direction’, the
apex court justice was of the opinion that the removal of the
immunity clause would not only send the right message across to
Nigerians but would make public officers have a rethink before
violating electoral laws.

“The immunity clause in the constitution, in apparent
contradiction of other constitutional provisions, should not be a
facade to insulate such public officer from prosecution or sanction
for acts or conduct executed to corrupt and undermine his oath of
office, the constitution and national ethos. There should be a
suspension of immunity in such circumstances,” he noted.

Justifying why immunity should be waved for public officers, Eko
said when the chief executive criminally misappropriates state
funds to finance elections corruptly, and that conduct, like
treason, also undermines and erodes the constitution.

The Judge noted that reforming the electoral process, the
Independent National Electoral Commission (INEC), in uploading
results from the polling units to the final collation, should also
simultaneously transmit the results to the political parties and
other candidates as well as media houses. He also advocated more
power for INEC.

“INEC, in view of Sections 95 and 96 of the Electoral Act
dealing with prohibition of certain conduct, including the use of
force or violence during political campaigns and elections, should
be given more enforcement powers, subject to judicial review, to
deal summarily with the situation,” he stated.

According to him, it can include power to suspend or disqualify
the offending political party from further elections in the
constituency.

The Justice also said more power should be given to court or
election tribunal to penalise the party and its candidate for such
misconduct.

A Judge of the Supreme Court, Justice Ejembi Eko yesterday
called for the suspension of the immunity of a president and
governor who goes against Electoral Act.

But in the provisions of the constitution, a serving president
or governor cannot be prosecuted for any alleged infractions of the
country’s law while still in office.

However, speaking at a workshop for the review of Elections
Petition Tribunal in the 2019 General Election held in Abuja,
Justice Ekwo said such suspension would pave the way for
prosecution and subsequent punishment if found guilty of breaching
electoral laws.

Speaking on the theme: ‘Reform of Election Litigation Process:
The Constitution, Electoral Act and the Practice Direction’, the
apex court justice was of the opinion that the removal of the
immunity clause would not only send the right message across to
Nigerians but would make public officers have a rethink before
violating electoral laws.

“The immunity clause in the constitution, in apparent
contradiction of other constitutional provisions, should not be a
facade to insulate such public officer from prosecution or sanction
for acts or conduct executed to corrupt and undermine his oath of
office, the constitution and national ethos. There should be a
suspension of immunity in such circumstances,” he noted.

Justifying why immunity should be waved for public officers, Eko
said when the chief executive criminally misappropriates state
funds to finance elections corruptly, and that conduct, like
treason, also undermines and erodes the constitution.

The Judge noted that reforming the electoral process, the
Independent National Electoral Commission (INEC), in uploading
results from the polling units to the final collation, should also
simultaneously transmit the results to the political parties and
other candidates as well as media houses. He also advocated more
power for INEC.

“INEC, in view of Sections 95 and 96 of the Electoral Act
dealing with prohibition of certain conduct, including the use of
force or violence during political campaigns and elections, should
be given more enforcement powers, subject to judicial review, to
deal summarily with the situation,” he stated.

According to him, it can include power to suspend or disqualify
the offending political party from further elections in the
constituency.

The Justice also said more power should be given to court or
election tribunal to penalise the party and its candidate for such
misconduct.