Governor Of Bayelsa Can Appoint
Ambassadors?
By
Paul I. Adujie
Lawcareer@msn.com
New York, United States
Where there is duty, there is responsibility and obligations.
It would appear that too many public office holders in Nigeria are only
interested in the benefits conferred on them, by virtue of their public
positions and the perquisites they derive as public office holders?
Additionally, it is as if these public office holders selectively and
surgically remove section 308 of the constitution of Nigeria 1999, for
some special obeisance, while practically disdainful of the rest of our
constitution, as if in complete disregard and utter contempt for the rest
of the constitution? Section 308 which provides for immunity from
prosecution for president, vice president, governors and their deputies
therefore serves their warped and twisted interests, as they ignore the
rest of Nigeria's most important legal document?
But what do they owe us members of the public, electorate or citizens?
What is their responsibility and obligations, in upholding our laws etc?
A holistic interpretation of section 308 is required, to have a clear
understanding of what the rational and general intent of the drafter of
our constitutions had in mind.The immunity provisions was not intend to
confer infallibility on governors. The immunity clausse does not make a
state governor an equal to a Nigerian president!
Diplomatic affairs is under federal exclusive list, legislatively and
governors do not appoint Nigeria's foreign service personnel or
ambassadors. /state governors do not conduct Nigeria's foreign affairs or
enter treaties, independent of Nigeria's government at the center, that
is, the Government of the Federal Republic of Nigeria!
The immunity clause in our constitution was clearly not intended to shield
or protect a president, vice president, governor or deputy governor, if
they engage in gross misconducts and criminalities, such as rape, armed
robbery or murder! Just as the immunity clause was not intended to protect
public office holders who plunder Nigeria’s public treasuries of wealth
and national resources.
States Houses of Assembly appear to have misunderstood the relevant
section to mean, a blank check or carte blanc protections for the
aforementioned public officials, even if they commit homicides or act of
terrorism!
The general intendments of section 308 provisions regarding immunity, was
merely to enable freedom of actions in the discharge of the official
duties by president, vice president and governor or deputy governor.
Meaning that, Dr. Akinyuli of the National Agency for Food and Drug
Administration and Control (NAFDAC) has the right to confiscate fake
medicines brought into Nigeria by me, or made in Nigeria by former
girlfriend, and Dr. Akinyuli of NAFDAC should thereafter not expect to be
sued by me or my ex-girlfriend for compensation or reimbursements,
regarding our overhead costs and anticipated profits from our illegal
business…
Another analogy, probably better one is, let us suppose that there is an
outbreak of bird flu, Avian flu, in Otta Farms which belongs that guy who
returns to the farms in 2007. Ogun state therefore, in protection of
public health and safety, in efforts to avoid the spread of the deadly
virus to other neighboring chicken farms and the branches in Adamawa, Edo
and Enugu states, the Ogun state governor, is advised by Dr. Obasanjo the
vet expert in animal husbandry, who intimate the governor, better act now,
before this fatal flu spreads nationwide to other chicken farms and spread
further to humans.
The governor of Ogun state heads straight to Otta Farms, slaughters all
the chickens or birds there, all in good faith, to safeguard public health
and safety in Ogun and perhaps nationally. The immunity clause enshrined
in section 308 becomes a protection for Ogun state governor, so that our
friend, the chicken farmer of Otta Farms, has no recourse and cannot sue
Ogun state governor while he is in office and even when he is no longer in
office… provided that the governor of Ogun state had acted in good faith
without abuse of discretion and where such actions were guided by public
interests and the common good of all. It is a different matter if the
governor used bad faith or was malicious. And the result will be the same,
even if our Otta Farmer hired twenty Gani Fawehinmins and 40 Dr. Abayomis
(SAN) etc
As a sweetener for such public health and safety actions, the Otta Farmer
may receive some (usually adequate or market price) compensation for the
destroyed chickens or assorted farm birds.
The circumstances surrounding the thieving governors and other pillaging
officials are spectacularly unique in themselves as some Nigerian
officials have turned the immunity clause, to a culture of impunity and
their misconducts are novel as they are ruinous!
Clearly, some Nigerian officials have bastardized the immunity clause in
our constitution, that was generally intended as protections for some
categories of public office holders, essentially, to enable them to have
freedom of action, actions they undertake in their public capacity for the
benefit of the general public or the citizenry.
We have now witnessed extreme abuses by some public officials, whereby,
some of our officials engage in extreme illegalities, consciously and
knowingly, as they seek protection from section 308, which was surely not
intended to protect anyone, anyone! who willingly engage in the commission
of heinous crimes for selfish purpose and personal interests and corrupt
enrichment!
The specter of these flagrant and brazen abuses by our public officials,
have led to so much outcry. The scourge of corruption has done so much
damage to Nigeria both internally and externally and every Nigerian now
wants corruption to quickly go away from our country, corruption should be
eliminated, eradicated, killed and removed!
What is required therefore? Very extraordinary and drastic legal measures
are imperatives. Anything short of draconian and arbitrary steps; hence I
have written previous “Expunge, Excise & Repeal Immunity Clause and also
the following links that have been provided below, in which I have
discussed the crucially important nature of the immunity clause and
concept in our laws, particularly, our constitution.
http://kwenu.com/publications/adujie/immunity_prosecution.htm
http://www.google.com/search?hl=en&q=Immunity+From+Prosecution%3B+A+Delicate+Balancing+Act+Adujie&btnG=Google+Search
http://207.36.97.234/Articles/Adujie/P_Adujie_115.htm
Immunity From Prosecution; A Delicate Balancing Act
True, other countries institute immunity clauses. Into their
constitutional and national laws and it is observed reciprocally by
nations… (Please endeavor to read the links) as they provide my
comprehensive view on the immunity concept.
The thieving governor of Bayelsa is not the president of Nigeria and he is
not an ambassador….Bayelsa does not appoint nor send diplomats of any
level, to various countries, separate and apart from federal
diplomats….there are no “state diplomats” a state is of course, a
subdivision/subsection of Nigeria.(Federal diplomats is an oxymoron)!
Nigeria's constitution specifies state rights and the roles of state
governors, governors are not to be seen as co-president or an equal in
capacity, duties or as symbol of Nigeria as a president.
I am an apostle of the rule of law and all the ideals and tenets of
democracy, including due process rules. I advocate passionately, the
importance of the certainty of reward and punishment, (this is the crucial
difference between Nigeria and the United States.
We must obey laws, there must be equality before the laws, there should be
and must be respect for individual rights, including property rights. And
my support for due process and the rule of law is unwavering, even in the
face of the criminal onslaught by some of our thieving officials. I have
personally written position papers on the value, worth or benefits imbued
in the concept of immunity from prosecution, and also its pitfalls,
abuses…some Nigerian officials have clearly turned immunity protection on
its head!
But we must be fair and even handed, as we must ask these questions, in
view of the enigmatic nature of these unfolding sagas! As thieving public
officials seem to multiply in their numbers. What comes first? The chicken
or is it the egg? The thieving governors are no respecter of the
constitution of Nigeria, they are no respecter of the Code of Conduct Act,
they observe no decency or commonsense morality. Those who come to equity,
ought to come with clean hands!
It is amazing how, these same criminals and their cohorts, are ALWAYS the
one, with superb knowledge of their “rights” and constitutional
protections! Thieving public officials in Nigeria have no respect for
Biblical, Koranic or Talmudic injunctions!
How about the constitutional provisions and all the other Nigerian laws
that forbids stealing, Corruption, Pillaging with brazen/blatant impunity?
How about all the Nigerian laws that require State Houses of Assembly, to
impeach morons like Governor Dariye and Moron in chief Governor
Alamieyesiegha?
And how about all the Nigerian laws and ethics that required these
criminals to fund hospitals and roads and schools and other public
infrastructures in their states?
Why was Bayelsa governor in hospital in Germany? Are there no medical
doctors in Yenagoa Bayelsa? Nigerian doctors in New York are excellent
doctors and they were trained in Nigeria! Why won’t these governors equip
the hospitals? Do you know what is worse? He was in a German hospital for
cosmetic surgery or liposuction, because he was TOO FAT! While most
Nigerians have become compulsorily a fourth of their weight, as a result
of malnutrition!
Bayelsa looks as if she unlucky to have Deputy Governor Goodluck Jonathan,
what with his endless solidarities and effusive praises for the million
pounds sterling man, who he praised as upholding democracy ideals and
tenets? DG Jonathan sound like a robot!
Governor Alamieseyegha is indisposed, disabled and incapacitated by reason
of health, continued absence and criminal impediments or encumbrance. He
should be removed or impeached and sent to cool his heels in maximum
security prison in Britain and Nigeria!
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