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CONTRIBUTORS:
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JOURNAL:
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Unknown Journal,
1(1),
?? - ??.
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YEAR:
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2005
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PUB TYPE:
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Journal Article
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SUBJECT(S):
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NOT RIPE FOR IMMUNITY
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DISCIPLINE:
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Law
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HTTP:
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LANGUAGE:
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English
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PUB ID:
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103-421-381
(Last edited on
2005/11/23 11:44:33 US/Mountain)
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SPONSOR(S):
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ABSTRACT:
There are times that you are ashamed to disclose your nationality because you are not proud of your country.
We need to thank God for the fact that in the US people are not allowed to discriminate against others because of their color, gender or national origin. Yesterday I was looking at the website of the Attorney general of Indian and there is a place that is reserved for consumer protection and in one of the sub headings you are asked if you want to report scam such as the Nigerian scam. I was putting up an application on that website and my resume of course specified that I am a Nigerian. If I wasn’t called for interview it might be because of my nationality but how would I know/ you can only go to court when you have reasonable evidence that you were discriminated against.
It is not enough that our leaders are stealing our money they are also portraying us in bad light before the international community. One man’s sin cannot be visited on the other legally but then courts are supposed to take judicial notice of a fact that is notorious. For the purposes of argument, what happens if courts in England take judicial notice of the fact that Nigerians jump bail? What that means is that if you are arrested in UK for a crime that affords you the benefit of bail you may not be able to claim that benefit simply because you are a Nigerian.
I am not bothered as usual about the act of that shameless human being that went praying after stealing and jumping bail I am more concern about what his actions portend for an ordinary, hardworking innocent Nigerian that might be wrongly arrested in UK.
We as a people should ask government to do away with the immunity clause in the constitution. It is my believe that our democracy is not ripe for that clause. Laws are made for a particular purpose and most laws must be in the public interest. The immunity clause is put in there so that government officials could carry out their day to day activities without fear of prosecution mostly on political ground. If we would not do away with the immunity clause then it is time it is amended. It could be amended so that it serves the public interest. It is certainly not in the public interest for their leaders to steal from them and not be prosecuted. It is certainly in the public interest that those who do so not be allowed to walk around free and public interest in fact is served when such leaders are arrested and prosecuted.
I therefore would suggest the following amendment if indeed the government is interested in fighting corruption:
The immunity clause could be amended to say that where a government official is suspected on reasonable ground to have committed a crime such government official should be investigated and if on the preponderance of evidence he has a case to answer, he should vacate his seat and be tried.
He should be given speedy trial so as to determine his guilt or innocence on a timely fashion so that if he is found to be innocent of the charge he will then be entitled to return to his position.
I know there always the fear of opponent or even deputies to try and concoct some baseless allegation so they can get into that position. The law should take care of such scenario by providing that where allegation is found to be unfounded or if a reasonable person would not have concluded that a crime was committed under the circumstance then the person who makes the allegation would be prosecuted for giving false information and is also liable to be sued for malicious prosecution both rules are already part of our laws in Nigeria.
Just imagine for a second if Tafa Balogun enjoys immunity. It would mean that he would continue in office despite stealing. What happened to Tafa could happen to a whole lot of people in office now if immunity clause is amended or generally done away with. These thieves do not deserve immunity.
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