Opinion
Taking Immunity Too Far
What Nigerians commonly refer to as “executive rascality” would include various forms of abuses and corruption of the immunity clause in governance. Various forms of immunity include natural, political, diplomatic, professional ones, as well as other clever forms of claiming immunity by blusters and subterfuge, when people find themselves in tight corners. Natural immunity is an acquired protection against diseases, through individual blood chemistry, food intake and also by inoculation. Urine therapy, recommended by Mahatma Gandhi of India, is proven to boost immunity against some diseases.
Political and diplomatic immunity such as the official protection enjoyed by high-level political office-holders and envoys while in office and duty posts, have been abused grossly. Although the purposes are intended to protect presidents, state governors, diplomats etc, from being distracted during their tenures, from litigations which can undermine their performances while in office, political immunities have been abused grossly. Mostly in developing countries where political office-holders often turn themselves into despots and tyrants, the possibility of impeachment rarely exists, even when there are glaring impeachable “executive rascality” and acts of criminality.
In sane environments where governance is recognised as a serious responsibility, high-level public office holders rarely wait to be impeached before they resign from exalted offices. Even mere gossips and scandals about executive rascality would be enough for a self-respecting public officer to tender a resignation letter, with an apology. But in societies where public office holders are obtuse and despotic, political appointments are often regarded as a trophy that must be held for life. Truly, executive rascality is a form of corruption whose tolerance provide fuel for further corruption.
Professional immunity would include, for example, an investigative journalist, even under compulsion or threat, refusing to disclose the identity of his source of information. This form of protection is provided for because disclosure of identity of informants usually results in assassinations and other risks. Exceptions to such professional rules of engagement may include disclosing sources of information under specific conditions and only to specific authorities, on trust. Those performing delicate and strategic public duties would deserve to be protected from ill-motivated attacks and obstructions, even though such protective provisions can be abused too.
Specifically, there have been some recriminations flying about lately concerning an abandoned aircraft supposedly belonging to the Rivers State Government, in Germany. No matter what the whole truth may be, which may never come to the open, that scandal and matters relating thereto, can expose some cans of ugly worms, which nobody would like to look at. Obviously, executive rascality would include abandonment of a state valued property in a foreign land for several years. That the issue is being raised now is not what is important here.
What should be considered important with regard to an aircraft belonging to a state government, abandoned in a foreign country, should include the executive rascality or negligence connected with such abandoned property. In a sane polity, serious issues would be raised with regards to the purchase of that aircraft, the need and process of its acquisition, the cost vis-à-vis biting needs of the state at the time the aeroplane was purchased, the abandonment, the length of time it has remained abandoned and the cost to the state during the period of abandonment. Surely, in the aviation industry taxes are paid for keeping an aircraft in a hangar, especially when custody exceeds a certain period of time.
The culture of abandonment of valued public property which can be traced to serious negligence, has caused Nigeria serious embarrassment and financial losses, with hardly anyone being held accountable for such negligence. Ranging from giant electricity generating plants, to large stock of money, abandonment of property is definitely an act of executive rascality, especially when issues connected with such abandonment result in official recriminations and buck passing. Such recriminatory buck-passing usually follow frivolous and mendacious circles of denials and cover-ups, that anyone would suspect something fishy!
In the case of Rivers State, there is an obvious tendency to play down on such malfeasance, perhaps because there is a 13 per cent oil derivation bonus which can soften the effects of penury and extravagant spendings. If those in authority are not aware of prevailing opinions at the grassroots, the truth is that complaints about reckless spending of public funds and abandonment of projects and property are quite high. Also, there is a palpable fear that speaking up or sticking out one’s neck on prevailing malfeasance can be dangerous.
Current issue going on in Rivers State is that: “Wike Uncovers Rivers’ Aircraft Secretly Abandoned In Germany”- Ref. The Tide, Wednesday, January 26, 2022. This adds more odium to the lingering scandal of an abandoned mono-rail project that is a colossal waste and shame. Anyone would wonder what the conceptions and goals of the purchase of Legacy 600 aircraft and mono-rail project were. There are differences between people-oriented and vanity-motivated projects, especially taking into consideration the principles of social contract and accountability. Where a public project or property drains the public purse and confidence what follows would be lasting curses from embittered members of the public.
Without personalising issues connected with abandoned and failed projects, the principles of social accountability and responsibility demand a public probe to determine if there were some elements of criminal negligence. Official immunity would not go so far as to prevent such probe after a political officer leaves office. Such probe should cover the project conception, contract award, cost and causes of project failure or abandonment etc, by impartial and objective examiners. To pass on the consequences of a criminal negligence to the public is a form of corruption of a serious nature. It does not reflect accountability!
A number of Nigerians know a good deal of official malfeasance that are often covered up by blusters and mendacity or denials; thus abuses, impunity and non-accountability continue to rise in the polity. Where acts of negligence which plunge the public into colossal wastes continue to be condoned under official immunity, what moral justice is there in penalising subordinate officials for minor infractions? Accountability entails going the extra mile to prevent acts of negligence that short-change the masses. That “Governor Wike has succeeded in recovering this most valuable secretly abandoned huge asset for Rivers people” should not end with such recovery, because there is more to the issue than meets the eye!
By: Bright Amirize
Dr Amirize is a retired lecturer from the Rivers State University, Port Harcourt.
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