SERAP, lawyers condemn proposed immunity for principal officers

TRACKING_____A rights organization, the Socio-Economic Rights and Accountability Project (SERAP) and some senior lawyers have condemned the passing of a Bill at the House of Representatives seeking to give presiding officers of federal and state legislatures immunity from prosecution.

In a statement signed by its Deputy Director, Kolawole Oluwadare, SERAP described the lawmakers’ action as ripping up the Constitution, a blatant assault on the rule of law and breach of public trust.

The organization called for the immediate withdrawal of the ‘obnoxious Bill’ by the House leadership failure which it will seek legal redress.

The statement reads: “Whereas countries like Guatemala has voted unanimously to strip their president of immunity from prosecution for corruption, our own lawmakers are moving in the opposite direction.

“The message seems to be that in Nigeria, powerful and influential actors must not be and are not subject to the rule of law. It’s simply not proper for lawmakers to be the chief advocates of immunity for corruption.

“It’s a form of political corruption for the parliamentarians to abuse their legislative powers, intended for use in the public interest, but instead for personal advantage. This is an unacceptable proposition as it gives the impression that both the principal officers of the National Assembly are above the law.

“If the House of Representatives should have their way, this will rob Nigerians of their rights to accountable government.”

A Senior Advocate of Nigeria (SAN), Chief Mike Ahamba, while condemning the action, said the lawmakers even lacked powers to amend the Constitution.

He said: “It is self-serving and I am not in support of it. Besides, the National Assembly lacks power to amend the Constitution and if the lawmakers make any attempt to do that, I will take up a legal action for the court to decide whether or not they can actually amend the Constitution.

“The Bill is for self-protection and the thing there is I am quite sure that it will scale through at the various Houses of Assembly. Here in Nigeria, we approve things based on the benefits to be derived and not whether they are right or wrong. I am not in support of the Bill.”

Another silk, Mr. Seyi Sowemimo, also frowned at the Bill, saying there was no basis for it.

“I don’t think there’s any basis for this kind of a Bill. Even, the subsisting executive immunity is being questioned by the people and now we want to add this one to it. It is quite unfortunate.

“This thing cannot work in a country bedevilled by lawlessness and infractions on the rule of law. I hope the president will desist from appending his signature to the Bill.

“The reason those in the executive are enjoying immunity is to avoid any distraction or being prosecuted while in office. What is the basis for this immunity that is now being mooted for the principal officers of the legislature?

“By the time the Bill becomes law, it means the kind of thing that happened to Bukola Saraki while in office will not happen again. No principal officer of the legislature will be prosecuted again. This will not augur well for the country.

“I want to advise the lawmakers to be more concerned with pressing national issues and stop chasing shadows. The economy is dwindling while insecurity is also on the rise. These are the issues that the lawmakers ought to be concerned about and not cosmetic issues like immunity for principal officers of the legislature,” he said.

Mr. Norrison Quakers (SAN) said he was not surprised at the introduction of the Bill, saying it is something that the lawmakers have been pursuing for a long while.

He said: “I think what the lawmakers are trying to do is to forestall a repeat of what the country experienced during the Bukola Saraki saga. But, they ought to know that criminal litigation is not time bound even if there’s immunity.

“If we have executive and legislative immunity, shouldn’t there be judicial immunity as well? Should judicial officers not be protected while they are also in service? So, while we may say that the lawmakers’ action is selfish in nature, but while we look at the way Saraki was treated, we may say it is a stitch in time.”

A former Vice-President of the Nigerian Bar Association (NBA), Mr. Adekunle Ojo, described the action of the lawmakers as an extension of absurdity.

“The truth is that the Bill is self-serving and it is not good for a country like ours that is overburdened by corruption being perpetrated by those holding political offices. This is a sad development because it’s like extending absurdity. At the moment, many Nigerians believed it is absurd that governors could not be made accountable for any misdeed while in office.

“If the immunity is now extended to include the principal officers of the federal and state legislatures, then, it means we are overreaching ourselves. Even in climes where there are saner judicial and legislative atmosphere, all that have ever been accorded in firm of immunity is legislative immunity within the chambers as well as judicial immunity while someone is sitting as a judge.

“So, I don’t think Nigeria is ripe for this kind of adventure that the House of Representatives is planning to take it through because it will amount to a misadventure,” he said.