The House of Representatives
yesterday took a step further in its constitution review by passing for second
reading a bill seeking to amend the 1999 constitution to grant immunity to
legislators in the country.
yesterday took a step further in its constitution review by passing for second
reading a bill seeking to amend the 1999 constitution to grant immunity to
legislators in the country.
The bill, sponsored by Hon. Ali
Ahmed (PDP, Kwara), is titled “A Bill for an Act to Alter the Constitution of
the Federal Republic of Nigeria, 1999 (as amended) by providing immunity for
members of the legislature in respect of the words spoken or written at the
plenary session or at committee proceedings, to guarantee that freedom of
speech, debates and proceedings in Legislative Houses are not impeached or questioned
in any court or place out of parliament and for related matters.”
Ahmed (PDP, Kwara), is titled “A Bill for an Act to Alter the Constitution of
the Federal Republic of Nigeria, 1999 (as amended) by providing immunity for
members of the legislature in respect of the words spoken or written at the
plenary session or at committee proceedings, to guarantee that freedom of
speech, debates and proceedings in Legislative Houses are not impeached or questioned
in any court or place out of parliament and for related matters.”
The amendment bill was,
however, consolidated with the bill for an Act to alter the provisions of the
constitution of the FRN to guarantee freedom of speech and legislative actions
of members of the National Assembly”, sponsored by Hon Raphael Igbokwe (PDP,
IMO).
however, consolidated with the bill for an Act to alter the provisions of the
constitution of the FRN to guarantee freedom of speech and legislative actions
of members of the National Assembly”, sponsored by Hon Raphael Igbokwe (PDP,
IMO).
In his lead debate on the
consolidated bill, Ahmed said the intendment of the proposed amendment was to
alter the provisions of section 4(8) of the 1999 constitution (as amended),
which stipulates that the jurisdiction of the courts cannot be ousted by the
actions or proceedings of the parliaments.
consolidated bill, Ahmed said the intendment of the proposed amendment was to
alter the provisions of section 4(8) of the 1999 constitution (as amended),
which stipulates that the jurisdiction of the courts cannot be ousted by the
actions or proceedings of the parliaments.
He said the essence of the
amendment was to ensure that lawmakers are not held liable or are subjected to
civil or criminal actions based on their uterrance or decisions taken.
amendment was to ensure that lawmakers are not held liable or are subjected to
civil or criminal actions based on their uterrance or decisions taken.
In his submission, Igbokwe
argued that granting of immunity to lawmakers would strengthen democracy and
allow members to speak freely without fear of molestation or litigation.
argued that granting of immunity to lawmakers would strengthen democracy and
allow members to speak freely without fear of molestation or litigation.
He said if the immunity is
granted, it will not be alien to Nigeria as even established democracies such
as the US and other African countries had it entrenched in their constitutions.
granted, it will not be alien to Nigeria as even established democracies such
as the US and other African countries had it entrenched in their constitutions.
According to him, even the UK,
which does not have a written constitution, has immunity in its convention.
which does not have a written constitution, has immunity in its convention.
Countries in which lawmakers
enjoy immunity, according to Igbokwe, include Brazil, Indonesia, Malaysia,
Ghana and Tanzania.
enjoy immunity, according to Igbokwe, include Brazil, Indonesia, Malaysia,
Ghana and Tanzania.
The lawmaker tendered the 1996
constitution of Ghana, the 1945 constitution of Indonesia and the 1988
constitution of Brazil (as amended) in 1992 and 1994.
constitution of Ghana, the 1945 constitution of Indonesia and the 1988
constitution of Brazil (as amended) in 1992 and 1994.
Speaking further on the
proposed amendment, Igbokwe said legislators deserve protection as it is the
practice universally to exercise their legislative powers without fear or
favour, adding that with the immunity, the lawmakers could take on issues
frontally.
proposed amendment, Igbokwe said legislators deserve protection as it is the
practice universally to exercise their legislative powers without fear or
favour, adding that with the immunity, the lawmakers could take on issues
frontally.
He drew the attention of the
lawmakers to historical decisions taken by the House in the past, such as the
doctrine of necessity that brought in Goodluck Jonathan as acting president in
February 2010 and the recent passage of an amendment bill to increase the
number of appeal court judges to 100.
lawmakers to historical decisions taken by the House in the past, such as the
doctrine of necessity that brought in Goodluck Jonathan as acting president in
February 2010 and the recent passage of an amendment bill to increase the
number of appeal court judges to 100.
Reacting to the passage of the
bill, Chairman of the House Committee on Media and Public Affairs, Hon. Zakari
Mohammed, explained that the immunity the legislature is looking for is different
from the one enjoyed by the president and governors.
bill, Chairman of the House Committee on Media and Public Affairs, Hon. Zakari
Mohammed, explained that the immunity the legislature is looking for is different
from the one enjoyed by the president and governors.
He said the immunity the House
is seeking is only for what transpired on the floor so that no member could be
held responsible for his actions or words spoken on the floor of the chambers.
is seeking is only for what transpired on the floor so that no member could be
held responsible for his actions or words spoken on the floor of the chambers.
Source: Blueprint
