Lawmakers don’t need any immunity

By Abba Dukawa

Sir: For long, Nigerians have been clamouring for the removal of immunity especially on criminal matters from governors and deputy governors. And that much was overwhelmingly agreed on at the 2014 National Conference. It was one of those recommendations that attracted the consensus opinion of all the delegates from all over the country. And here we have our elected people without even consulting their constituents wanting to give immunity to their officers from criminal and civil actions. Nigerians are against any act or any bill seeking to confer immunity on those people. A true legislator does not need that. All he has to do is to follow his conscience, speak conscientiously and he will be okay. it is an abuse of legislative privilege.

The 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’ being considered in the House of Representatives is uncalled for. I don’t think those at National Assembly and  36 state Houses of Assembly  need any immunity.

It could be recalled that on January 27, 2018, President Muhammadu Buhari assented to the Legislative House Power and Privileges Act to provide protection for decisions taken by members of parliament in the country. The law grants the legislative houses in the National Assembly and state Houses of Assembly immunity from litigation for actions taken in plenary or committee proceedings of the House or committee. The law also strengthens the power of the legislators to carry out their law-making functions. These include power to summon any person to appear before her, give evidence, as well as power of an officer of the legislative house to arrest any person who commits an offense against the Act.

I am not aware of anybody who has been sued for his activities on the floor as senator, member of the House of Representatives or member of the House of Assembly.  To save any legislative officer from any pending case is misplaced completely. If it relates to his job as a legislator, he is already immune. If it relates to something he was doing outside there should be no immunity.

As we all know, this immunity has greatly contributed to the highest impunity committed by those elected leaders.  Instead of our lawmakers to do what the Guatemalan Congress did in voting unanimously to strip their president of immunity from prosecution for corruption, our lawmakers are moving in the opposite direction trying to grant themselves immunity.

What further immunity are the lawmakers looking for? Is immunity for principal officers of legislative institutions a major concern of the country presently? It is a setback for the rule of law and a slap on the faces of ordinary, Nigerians. Any public officials genuinely committed to the well-being of the state and its people, and to the estab­lishment of an effective and functioning system of administration of jus­tice, should have absolutely nothing to fear. Providing immunity for presiding officers against crimes of corruption and other related is tantamount to ripping up the constitution. It’s a blatant assault on the rule of law and breach of public trust. It’s a form of political corruption for the parliamentarians to abuse their legislative powers, intended for use in the public interest but instead for personal advantage.

This is an unacceptable proposition as it gives the impression that both the principal officers of the National Assembly want to be above the law.

• Abba Dukawa, Kano.