REPS OKAY IMMUNITY FOR LAWMAKERS

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.

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.”

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).

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.

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.

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.

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.

According to him, even the UK, 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.

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.

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.

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.

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.

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.

Source: Blueprint