The National Assembly (NASS) Clerk, Magaji Tambuwal, has
told a Federal High Court, Abuja that Senator Adamu Bulkachuwa enjoyed immunity
from any form of proceedings in respect of words spoken or written at the
plenary session.
Tambuwal told Justice Inyang Ekwo in a counter affidavit
filed in response to Bulkachuwa’s suit.
NAN reports that Bulkachuwa had sued the Attorney-General of
the Federation (AGF), the NASS clerk, State Security Service, Independent
Corrupt Practices and Other Related Offences Commission (ICPC) and the Nigeria
Police Force as 1st to 5th defendants respectively.
The plaintiff asked the court to declare that he “is
covered, privileged and protected by the parliamentary immunity as enshrined in
Section 1 of the Legislative Houses (Powers and Privileges) Act 2017 and
freedom of speech and expression made thereto is privileged.”
He also prayed the court to declare that without exhausting
the internal disciplinary mechanism, recommendations and approval of the 9th
House of Senate, no other law enforcement agent of the Federal Government,
including the defendants can invite any member of the Senate for
questioning/interview and or for any disciplinary purposes in relation to the
plaintiff’s privileged inchoate expression/statement/speeches made on the floor
of the Nigeria House of Senate at the valedictory session.”
Therefore, in his application marked: FHC/ABJ/CS/895/2023
and filed by his lawyer, Charles Yoila, the clerk averred that as at the time
Bulkachuwa made what he referred to as the inchoate statement, “he still
enjoyed all the privileges and immunities of a legislator under the Nigerian
Laws.
“That the congressional immunity recognised by the Senate
Standing Orders 2022 (as amended) recognises the privileges granted to senators
of the Federal Republic of Nigeria to exempt them from arrest or questioning
for any speech or debate entered into during a legislative house.”
The clerk, however, argued that Bulkachuwa had no cause of
action against him (2nd defendant) to warrant the institution of the suit
against him.
“That the plaintiff was not cut short and/or gaged by the
2nd defendant when he was making his valedictory speech while a sitting senator
in the 9th National Assembly as the 2nd defendant was not presiding over
plenary on that day,” he said.
Justice Ekwo adjourned the matter until July 27 for hearing.
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NO any law of an organization, community, group, association etc can be supreme on Nigerians constitutional law. So who ever commit should go for it. That's all.
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