Bill On Immunity for Assembly Presiding Officers Stirs Hornet’s Nests
…Our Move is To Safeguard Sanctity of the Legislature – Sponsors …It Will Expand Cover for Treasury Looters – CNPP …It Will Weaken Anti-graft War – Sagay …Implementation of...
…Our Move is To Safeguard Sanctity of the Legislature – Sponsors
…It Will Expand Cover for Treasury Looters – CNPP
…It Will Weaken Anti-graft War – Sagay
…Implementation of the Bill Should Be Shifted to a Future Date – Gbajabiamila
The Conference of Nigeria Political Parties (CNPP) has warned the two chambers of the National Assembly “to immediately suspend the Bill seeking to extend constitutional immunity to cover presiding officers of legislative institutions” after it scaled second reading in the House of Representatives.
Sponsored by Hon. Odebunmi Olusegun (APC Oyo), the Bill was supported by some lawmakers who say it is important to safeguard the sanctity of the National Assembly.
However, the CNPP in a statement issued in Abuja by its Secretary General, Mr Willy Ezugwu warned that “in the event that the Bill was not stood down, a coalition of civil society groups and ordinary Nigerians who are at the receiving end of the current hardship and insecurity in the land will be mobilised to occupy the National Assembly throughout the public hearing to register the displeasure of the citizens over the Bill.”
“We urge President Muhammadu Buhari not to assent to such insensitive and selfish Bill if it was forcefully passed into law by the Legislature as the Bill shows how indifferent the lawmakers are to the plight of the ordinary citizens. It proves that the legislators are too selfish to understand what should be the priority of the country at a trying time like this.
“Having carefully studied the circumstances surrounding the introduction of the Immunity Bill by the legislators, we fully align with the House Minority Leader, Hon. Ndudi Elumelu who asked the lawmakers to place the interest of their constituents above personal interest.
“How can the lawmakers be more interested in protecting its principal officers from prosecution at a time Nigerians are dying in dozens in the hands of bandits and terrorists?
“The country should at this time be thinking of altering the Constitution to remove immunity clauses for the President and Vice President as well as that of the Governors and their deputies.
“It is absurd for the lawmakers to be thinking of protecting themselves and indirectly providing cover for corrupt Governors and other politicians who find their way into the National Assembly immediately their tenure end.
“If the Bill eventually becomes law, it will ultimately alter the Constitution of the Federal Republic of Nigeria and expand cover for treasury looters in the country”, the CNPP stated.
Lending his voice to the conversation, Chairman, Presidential Advisory Committee Against Corruption (PACAC), Prof Itse Sagay (SAN) on Tuesday said immunity for principal officers of the Legislature would weaken the anti-graft war.
He believes public officers with nothing to hide should not demand immunity from prosecution.
He said: “I think that it’s unacceptable because it is going to weaken our war against corruption. Already, we have those statutorily exempted by the Constitution.
“It’s unacceptable to extend immunity beyond what we already have. We have to wait eight years for Governors, allowing them to misbehave as they like before any action can be taken against them.
“Anyone who has a clean record should not be thinking of immunity. They shouldn’t,” he said.
Human Rights Lawyer, Mr Mike Ozekhome (SAN) is of the view that the Bill should be killed “with the heaviest of sledgehammers”.
He said: “The Bill is another way of asking for legislative immunity against legislative rascality and lawlessness. It is a Bill asking for immunity against transparency and accountability.
“It is a Bill asking to be shielded from criminality even when a crime is committed. It is a Bill seeking to be regarded as a sacred cow, not accountable to anybody, including the Judiciary.
“If it were not for selfish purposes, if it were altruistic and nationalistic, or because they want to be at par with the Executive, why have they not also brought in the Chief Justice of Nigeria, who heads the third arm of government under Section 6 of the Constitution?
The Bill is an insult to our collective intelligence.
“It undermines our humanity as a country, disrespects us as Nigerians and makes the tail want to wag the dog. It is unacceptable, insulting, narcissistic, egregious, insidious and invidious,” Ezekhome posited.
Lagos lawyer, Mr Femi Falana (SAN) said the Bill is illegal and would not survive.
“The Bill will soon be defeated on the floor of the House because it is illegal and unconstitutional.
“Apart from the President, Vice President, Governors and Deputy Governors who are entitled to immunity under Section 308 of the Constitution, no other public official or citizen is entitled to be excluded from prosecution for corruption or other criminal offences.
“Only a constitutional amendment can confer immunity on any other group of Nigerians.
“I can assure you that the amendment will not be approved by Nigerians. It was tried in the past but it was popularly rejected,” he said.
A former senator representing Rivers East, Mr Magnus Abe, said the Bill’s timing was wrong.
He added that it would not enjoy public support.
He said to widen immunity to lawmakers might lead to giving it to other categories of people including heads of the Judicial arm of the government.
The Bill, which seeks immunity for presiding officers of the National Assembly, has passed second reading.
Introducing the Bill titled: “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,” at Tuesday’s plenary, the Speaker, House of Representatives, Mr Femi Gbajabiamila, quickly disassociated himself from it, urging the sponsor to make the implementation date futuristic.
He said, being one of the presiding officers, he will not be the judge in his own case, saying he was not willing to benefit from the privilege of the Bill when passed into law.
In his submission however, Mr Olusegun argued that the Immunity Bill was to protect the presiding officers from distraction to fully concentrate on their legislative duty without compromise.
The House Leader, Mr Alhassan Ado Doguwa who agreed that the Speaker does not need the Bill as an individual, noted that it was important he accepted it as leader of the Parliamentary institution.
“So, we should not shy away from discussing matters that concerned the institution,” he said.
He added that the Legislature was the backbone of democracy, saying “if the immunity covered the President and the Governors, why not protect the presiding officers to discharge their duties without distraction?”
Also contributing to the debate, the House Minority Whip, Mr Toby Okechukwu (PDP, Enugu) recalled how former presiding officers of the Senate were obstructed with litigation in the eighth assembly, which nearly put the entire parliament at a standstill.
Opposing the Bill, the House Minority Leader, Mr Ndudi Elumelu said “what is paramount is the interest of their constituents, not immunity for principal officers.”
“Our people are being killed and butchered and you are coming up with a Bill on issue of immunity. I think it’s wrong and should not be allowed.
“I think we should jettison this Bill as there is nothing presiding officers are doing that cannot be accounted for.
“What is important to the Nigerian people is security of lives and property and not immunity for presiding officers,” he said.
Similarly, Mr Sergius Ogun in a report by the Daily Times, said a lot of Nigerians are calling for removal of immunity for the President and Governors, noting, “I wondered why the leaders of National Assembly need immunity. It’s unnecessary.”
He said the immunity enjoyed by the Executive is abused, shielding the sitting President and Governors from prosecution.
“Immunity for presiding officers in the Legislature is not what we need at the moment,” he added.
Also speaking, Mr Bob Solomon cited the America system as to why the Immunity Bill should not be passed, saying no President or Governor is shielded from ‘trial’ in the United States.
