Adamu Bulkachuwa, a former senator, has filed a suit at the
federal high court in Abuja, seeking to stop the Independent Corrupt Practices
and Other Related Offences Commission (ICPC) from investigating him.
On June 10, the former senator, while speaking at the 9th
senate valedictory session, said Zainab Bulkachuwa, his wife, used her position
as a judge to favour his colleagues in the red chamber.
Zainab, a former president of the court of appeal, was the
first female to hold the position.
Bulkachuwa’s comments sparked outrage, with many Nigerians
calling for investigations into his claim.
However, the former appeal court president had denied
Bulkachuwa’s claim, saying she never compromised her office on partisan
grounds.
Owing to the development, TheCable understands that the ICPC
has commenced an investigation and invited Bulkachuwa for questioning.
Bulkachuwa was scheduled to appear at the ICPC office on
July 6 but he filed a suit to stop the invitation before the scheduled date.
It was learnt that the counsel of the former senator had
given the commission a commitment that his client would honour the July 6 date.
In a suit filed on Monday, Bulkachuwa asked for the court’s
declaration that the commission’s invitation is “ultra vires, illegal,
arbitrary, oppressive, unconstitutional and a gross violation and a likelihood
of continuous infraction of the applicant’s fundamental human right as
guaranteed by sections 34, 35, 36, 37, 41 and 46 of the constitution of the
federal republic of Nigeria 1999 (as amended)”.
He also asked the court to interpret section 1 of the
legislative houses (Powers and Privileges) Act 2017, which confers immunity on
him from any civil or criminal litigation in respect of any utterance he makes
on the floor of the upper chamber.
“A declaration that the applicant is entitled to freedom of
speech/expression by Section 39(1) of the 1999 constitution of the federal
republic of Nigeria (as amended) and as exercise by his other senators’
colleagues and having not been so afforded by the leadership of the ninth (9th)
senate, cannot be held liable for the unintended inference of an inchoate
speech/statement/expression,” the suit reads.
“An order of
perpetual injunction restraining the respondents jointly and severally,
particularly the 4th respondent (ICPC), acting directly or indirectly through
their agents, officers, privies, assigns and any other persons by whomsoever or
however constituted from inviting, harassing, intimidating and/or compelling
the applicant to appear before the respondents pending the hearing and
determination of suit no: FHC/ABJ/CS/895/2023 at the Federal High Court,
Abuja.”
Those joined as respondents in the suit are:
attorney-general of the federation, the clerk of the national assembly,
Department of State Services (DSS), the ICPC, and Nigeria Police Force.
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