Reps okay immunity for senate president, speakers

TRACKING______The House of Representatives, yesterday, passed through second reading, a bill seeking the amendment of the 1999 Constitution to grant immunity to the presiding officers of National Assembly and their counterparts at the state level.

The affected presiding officers include the president of the Senate, deputy president of the Senate, speaker and deputy speaker of the House of Representatives, speakers and deputy speakers of state Houses of Assembly.

Titled ‘bill for an act to alter section 308 of the constitution of the Federal Republic of Nigeria, 1999 to extend immunity to cover presiding officers of legislative institutions; and for related matters” is sponsored by Hon. Segun Odebunmi (APC, Oyo).

When passed and signed into law, these category of legislators would be exempted from criminal prosecution.

In the Eighth National Assembly, the two presiding officers of the Senate, Dr. Bukola Saraki and his deputy, Dr. Ike Ekweremadu, were in courts for prosecution over non-declaration of assets. The police also interrogated the Senate leadership over alleged alteration to the Senate Rules.

As at today, only the President, Vice President, governors and deputy governors enjoy immunity.

The immunity covers them from prosecution while in office.

Leading debate on the bill at yesterday’s plenary, Odebunmi said: “Democracy has come to stay in Nigeria like the developed and other developing countries in the world. Hence, the need to arrange our system to fit in the dynamics of democratic society becomes imperative for us.”

He said the intendment of the bill is to protect the institution of the legislature from distraction caused by unnecessary legal actions against presiding officers.

According to him, “As the government of the people, by the people and for the people, it is very important to us as a nation, so also is the legislature’s importance to the system, therefore the need to further protect the legislative arm of government should not be ignored.”

He submitted that: “In spite of the uninterrupted concentration required for carrying out effective legislative duty, this institution has suffered serious distractions in the past.

“Either genuine or not, such distractions have had serious negative impact on quality of legislation, as well as discouraging presiding officers of the legislative institutions at national and state levels from taking the bull by the horn or take certain critical decisions when necessary for fear of unknown.”

Odebunmi maintained that “for our democracy to continue flourishing, no action meant to strengthen the legislative institution could be out of proportion.”

He stressed that “extending immunity to the presiding officers of the National and State Assemblies is not a means of shielding them from answering any question generated by their action or preventing members of the house from exercising their powers of choosing or changing their leaders when required as provided for by the laws, but a genuine way of protecting the most sacred institution in a democracy.”

But in his remarks, Speaker Femi Gbajabiamila expressed reservations that if the bill is timed to take effect from this Assembly, “it would look like a conflict of interest for him to preside over the debate unless it will commence from the 10th Assembly.”

Minority leader, Hon. Ndudi Elumelu, in his observation stated that the timing of the bill looks like “being insensitive to the sensitivity and plight of Nigerians who do not enjoy the national safety they deserve in recent times.”

Speaking in favour of the bill, Hon. Dan Asuquo called for the support of the bill so that Nigerians can give their view at the public hearing stage so that the decision would be ultimately theirs.

Hon. Luke Onofiok, in his contribution, stated that since this is part of the constitution amendment and not a stand-alone bill, it will be binding on the speaker once the president assents to it and it would not be the speaker’s fault should this happen.

The House leader, Hon. Alhassan Ado-Doguwa submitted that the bill should be judged on its relevance and merits, even if it deals with issues surrounding the parliament.

Ado-Doguwa praised the speaker for being transparent, but called for the merits of the bill to be addressed and applied if it is found to be necessary.

Also supporting the bill, Hon. Yusuf Buba Yakub praised the spirit of the bill as it seeks to shield and protect the leadership of the legislature from undue persecution, within the ambit of the law.

In his view, Hon. Abubakar Fulata stated that the essence of the bill is to guard against unnecessary distraction and undue intimidation of the presiding officers of the institution of the National Assembly, and not geared at shielding any individual and should be supported.

The chief Whip, Hon. Mohammed Monguno argued that the bill will protect the offices of the presiding officers despite who occupy them, “so it is not based on sentiments, but on principles. So the Speaker should not feel guilty in presiding over the bill.”

He stated that the fact that only the legislature doesn’t enjoy the functioning immunity is unfair.

Similarly, deputy minority leader, Hon. Toby Okechukwu stated that the peculiar means by which African presidents wield enormous dictatorial powers against any perceived adversary should be guarded against, “so the need to ensure the powers and privileges of the legislature is not only secure, but should be seen to be secure.”

He called for the passage of the bill to the public hearing stage so that Nigerians can have their input.

Also speaking, Hon. Uzoma Nkem Abonta stated that the general image of the National Assembly would be demoralized if the principal officers are being barraged with frivolous accusations while in office. This, he stated, would be detrimental to legislative deliberations and business.

Opposing the motion, Hon. Sergius Ogun stated that if the judiciary works effectively, the law should be a bridge and not a barrier, and hence there is no need for immunity.

Similarly, Hon. Solomon Bob said that Nigerians are already uncomfortable with the immunity enjoyed by the executive and he is of the opinion that all forms of immunity cover for any office should be thrown out.

When Speaker Gbajabiamila eventually put it to vote, it was overwhelmingly passed.