Lagos State Governor, Babatunde Fashola, yesterday said the removal of immunity clause from the constitution would not be a welcome idea as being canvassed by some members of the public.
Fashola stated this at a one-day public hearing on the proposed amendment to the 1999 Constitution organised by the Lagos State House of Assembly and held at the Lateef Jakande Auditorium, Alausa, Ikeja, Lagos.
Fashola, who noted that the immunity clause as provided in Section 308 of the 1999 Constitution should be retained, pointed out that the clause is more for the protection of the office than the office holders.
He said “the section preserves the dignity and ensures the effectiveness of administration”, adding that “while it is regrettable that there may have been actions which are indicative of abuses of the privilege by some office holders, the privilege of immunity is not for the benefit of the office holder.
“Retention of the clause would prevent unfounded allegations of criminality against top public officials which, if allowed, would bring massive distractions.
“Even where the allegation that necessitates trial relates to corruption or other criminal offences, it is trite that time does not run against investigation and prosecution of offenders. What would have been achieved with the removal of the immunity clause could be achieved at the expiration of the tenure of the serving officials.”
Speaking further, the governor described the agitation for the creation of additional states as an attempt to balkanise the existing states.
Fashola stated that instead of demanding for additional states, people should request for additional local governments which, he said, would enhance development at the grassroots, as well as bring government closer to the people.
“Most states are currently not sufficiently viable to justify further subdivisions. It may well be that the agitation for more inclusiveness in governance and for rapid development may be better addressed by the creation of more local governments than it can be done by the creation more states,” he said.
On the call for devolution of power, Fashola said this became imperative, noting that the present system backed by the 1999 Constitution gives more power to the government at the centre.
He said “there were certain functions which are being performed by the state governments that are supposed to be devolved to state”.
Commenting on the present sharing formula, the governor stressed the needs for its review, submitting that if the principle of the true fiscal federalism would be adhered to, the ratio formula should be FG 25 per cent; state governments 45 per cent; derivation pool 25 per cent and intervention fund 5 per cent.
On his part, former Minister of Works, Femi Okunnu, said: “I don’t think the 1999 Constitution is all that bad. It is the way we exercise our powers that is bad.”
He, however, called for the removal of Sections 3,4,5,6 and 8 of the constitution. He spoke against creation of more states, saying “it weakens the fabric of the federation, and that no law should stop states from evolving its local government system.”
While presenting his position, constitutional lawyer, Itse Sagay, said a lot of power should be taken away from the federal government and handed over to the state governments.
“The minimum wage, for instance, is another issue that the federal government should leave for the states. Each state should be the one to determine its minimum wage and federal government should not determine what to be paid,” he added.
He said further that states and not Federal Government should conduct census to help them in developmental plans. “Local government creation and funding should be out of the constitution; states should create and fund them”, Sagay said.
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