The spirit behind Section 308 of 1999 constitution of Nigeria by JOK.

Discussion in 'General Forum' started by izu, Aug 24, 2016.

  1. Izu

    Izu Admin Staff Member

    The spirit behind Section 308 of 1999 constitution of Nigeria.

    Sec 308 of the 1999 Constitution provides as follows:
    (1) Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section –
    (a) No civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office;
    (b) A person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise; and
    (c) No process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued: Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office.
    (2) The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party.
    (3) This section applies to a person holding the office of President or Vice-President, Governor or Deputy Governor; and the reference in this section to “period of office” is a reference to the period during which the person holding such office is required to perform the functions of the office.
    How many of us actually know why this section was inserted into our constitution?
    The reason is simple: to save occupants of the listed political offices from distractions arising from litigations.
    That fact confirms that litigations against the listed political office holders potentially distract them from performing their duties effectively. Especially when it is of the kind that threatens their position.

    Litigations against public office holders are believed to distract them from the optimum performance of their duties, notwithstanding your partisan arguments and sophistry.
    For same consideration, we decided to designate a time frame for election related litigations and also ensured that no single judge handles issues related to the position of the occupant of those offices. Those who made the law knew that one rogue judge can easily be corrupted and hence they decided to have a panel of judges to review associated cases independently and vote before arriving at a final position.
    Do you still believe that litigations should not distract a governor?
    Now put yourself in a common sense position where your own house or office is attacked by an armed robber seeking to steal, kill and destroy you and yours. Will you be able to focus optimally and do other productive work?
    How does litigation distractions affect common folks?

    If you have N5b to invest in one of the 36 states of Nigeria will you take it to a state where the leadership is under contention or to another with a settled leadership? And if you are a contractor will you willingly agree to work on credit for an unstable administration?
    AfDB is currently foot dragging on a facility previously agreed for the reconstruction of PH road Aba, Osisioma flyover and other roads in Abia State. Setraco has temporarily pulled out of the "pay per work done" arrangement reached to enable expeditious reconstruction Ariaria (Faulks) road and ease the pains of traders and buyers. Other deals reached in other areas are exposed to same risks.
    After reading, assimilating and answering above questions I believe you should join in calling on Uche Ogah to end his distractions of Abia State Governor with frivolous litigations. Especially knowing that he did not contest or claimed to have won any election in Abia State but is at best attempting to prey on the weaknesses of the Nigerian political and judicial system to STEAL what citizens gave to another person through the ballot box. Simply put, Uche Sampson Ogah is seeking to reap from where he did not sow and in the process throw Abia into avoidable crises that will likely lead to bloodbath.

    Is that what you want and support? Let your conscience guide your answer.
    # UcheEndTheDistractions
    It is patently hypocritical to expect optimal performance from a Govt under the onslaught of organized conspiracies and frivolous litigations.
    Yet Governor Okezie Ikpeazu is doing his utmost best to deliver highest possible quality of service to Abians on many fronts. Just pray for him today and always. The Abia ship captained by Governor Ikpeazu will get to destination prosperity for Abians.

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