Section 48 (4) states that “While any person holds or performs the functions of the office of President, no civil or criminal proceedings shall be instituted or continued against him in respect of anything done or omitted to be done by him either in his official or private capacity”.

As Biobele Commission of Inquiry sets to look into the stewardship of erstwhile President Ernest Bai Koroma led APC government that is now cloaked in grand corruption, a legal expert has assertively stated that, Presidential immunity from prosecution under (Section 48) (4) ceases immediately after the President leaves office. Hence, President Koroma must also be brought forward together with his foot soldiers (ministers, government officials) to account for his stewardship.

The expert maintained that only a sitting President cannot be indicted because the 1991 Constitution does not expressly permit it, since an indictment would prevent the President from carrying out his duties. But the contentious question is: does Presidential immunity from prosecution continues after office?

He argued that the Constitution clearly states that, Presidential immunity from prosecution ends immediately he/she leaves office because corrupt Presidents cannot afford to lose power, because without the armor of presidency, the world is inhospitable.

In Liberia, Charles Taylor refused to leave office unless the charges against him by the Special Court were dropped. "All Presidents generally, corrupt and not corrupt, want to hold power for as long as possible," says Charles Lewis, Executive Director of the Centre for Public Integrity in Washington. "But a corrupt President also wants to stay in power to keep getting rich and protect himself from the jaws of justice."

“How far are heads of state responsible for widespread corruption under them? They are totally responsible," the legal expert said. For example, South Korea’s disgraced former President, Park Geun Hye was jailed for 24 years on Friday (April 6) for corruption.

The sentence followed a trial lasting more than 10 months which ended with Park being found guilty on multiple criminal charges, including bribery and abuse of power.The court ruled that Park colluded with her long-time confidante, Choi Soon Sil, to receive tens of billions of won from major South Korean conglomerates to help Choi’s family and fund non-profit foundations owned by her.

Joseph Estrada, former President of the Philippines, who claimed he was too ill to be prosecuted. His medical bills would not be a problem, though. Ousted in 2001 by a popular uprising, he stands accused of stockpiling $78-million from a gambling racket, misappropriated tax revenues and illicit investments.
Peter Eigen, Chairperson of Transparency International in Berlin, says: "It is essential that politicians and public officials know that corruption is a high-risk strategy."