Abuja — The Chief Justice of The Gambia, Justice Emmanuel Akomaye Agim, and the President of the Court of Appeal, Justice Esther Awo Ota, have blamed section 308 of the 1999 constitution for corruption and looting of public treasury in Nigeria.

The duo lent their voices to the incessant debate on whether or not to expunge section 308 of Nigeria's 1999 constitution, and said corruption and embezzlement accounted for the slow pace of development in Nigeria.

The said section of the constitution shields the President, Vice President, Governors and their deputies from prosecution

According to the two principal officers of the Gambian judiciary, who are themselves Nigerians, the immunity clause is a big incentive for its beneficiaries to embezzle public funds without fear.

Agim said, "Whereas immunity clause is not altogether bad, it should only be in place in civil actions and not on issues of crime and corruption. It would serve national interest best to expunge the criminal immunity.

"It is impossible. Who are those to remove the immunity? The beneficiaries of the immunity themselves. They will never let go of their immunity, so that they will be vulnerable to arrest and prosecution."

In her own comment, Justice Ota, said, "The main problem facing Nigeria in the battle against corruption is the immunity clause provided under section 308 of the Constitution of the Federal Republic of Nigeria, 1999. By that section, the leaders know they are already protected before they go into office and, so, what is stopping them from stealing public funds?

"The immunity is unnecessary because it places corrupt leaders above the law. It is my view that once the immunity clause is removed from the constitution, our leaders, who hitherto looted public treasury brazenly, will be careful about stealing public fund they are meant to hold in trust and administer for the common good of the people.

"I see no reason why there should be immunity for any public officeholder if we are to show that nobody is above the law; the immunity clause clearly show that some sets of Nigerians are above the law and that is not even good for the national psyche," she added.

She further advised the adoption of The Gambia style of immunity, which, she said, had helped the country to combat corruption and reduce it to its barest minimum.

Justice Ota further said, "I recommend the Gambian experience, as I earlier said immunity here in the Gambia is qualified in that there is immunity from civil actions, but, as far as it relates to issues of crime or corrupt practices, there is no immunity as you are made to answer for it immediately."