Reps move to confer immunity on principal officers

The House of Representatives on resumption from the Christmas and New Year recess, commence the debate on the general principles of a bill which seeks to grant immunity for the presiding officers of the two chambers of National Assembly and State Houses of Assembly.

As proposed by Hon. Odebunmi Olusegun, the bill seeks to amend Section 308 of the 1999 Constitution, which currently provides immunity for the President, Vice President, Governor and Deputy Governor from being investigated and prosecuted while in office.

The proposed amendment provides that: “This section applies to a person holding the office of President or Vice-President, Governor or Deputy Governor, Presiding officers of the Senate, Presiding officers of the House of Representatives, Presiding officers of the State Assemblies; and the reference in this section to “period of office” is a reference to the period during which the person holding such office is required to perform the function of the office.”

As stipulated in the Explanatory Memorandum, the Bill seeks to amend the constitution of the Federal Republic of Nigeria 1999, to extend immunity to the Presiding Officers of the Legislative Arm of the government.

In the same vein, the House is expected to commence debate on another Constitutional amendment bill which seeks to empower the National Assembly and State House of Assembly to conduct investigative hearing into any pending matter before the Judiciary.

The bill was sponsored by the Speaker, Hon. Femi Gbajabiamila, and six others, namely: Hon. Ozurigbo Ugonna, Hon. Abubakar Hassan Fulata, Hon. Kayode Akiola, Hon. Ifeanyi Momah, Hon. Luke Onofiok and Hon. Tunji-Ojo Olubunmi.

The proposed amendment is to remove constitutional encumbrances in the exercise of Legislative powers by the National Assembly shall be subject to Judicial Review by Courts of Law and of Judicial Tribunals established by Law.

As stipulated in the bill seen exclusively by Nigerian Tribune, the proponents of the bill proposed amendments of Sections 4 subsection 8.

“Section 4, Sub-Section 8 is amended by deleting sub-section 8 and replacing with a new one to read: Save as otherwise provided by this constitution, the exercise of Legislative powers by the National Assembly shall be subject to Judicial Review by Courts of Law and of Judicial Tribunals established by Law.”

It also seeks to amend Section 6 by adding a new subsection 6(e), to read: “Shall not stop, notwithstanding anything to the contrary in this Constitution, any other arm of government from performing its functions.

Previous attempts by the National Assembly to investigate matters brought before the House and various Standing and Ad-hoc Committees have been stalled by Court Injunctions thereby preventing the National Assembly from performing its Legislative functions as enshrined in the Constitution.

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Sections 88 of the 1999 Constitution (as amended) empower the National Assembly to: Subject to the provisions of this Constitution, each House of the National Assembly shall have power by resolution published in its journal or in the Official Gazette of the Government of the Federation to direct or cause to be directed investigation into – (a) any matter or thing with respect to which it has power to make laws, and the conduct of affairs of any person, authority, ministry or government department charged, or intended to be charged, with the duty of or responsibility for – executing or administering laws enacted by National Assembly, and disbursing or administering moneys appropriated or to be appropriated by the National Assembly.

Section 88(2) also confers the powers conferred on the National Assembly under the provisions of this section are exercisable only for the purpose of enabling it to – make laws with respect to any matter within its legislative competence and correct any defects in existing laws; and expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it.

In the same vein, Section 89 also provides that: “For the purposes of any investigation under section 88 of this Constitutional and subject to the provisions thereof, the Senate or the House of Representatives or a committee appointed in accordance with section 62 of this Constitution shall have power to – procure all such evidence, written or oral, direct or circumstantial, as it may think necessary or desirable, and examine all persons as witnesses whose evidence may be material or relevant to the subject matter; require such evidence to be given on oath; summon any person in Nigeria to give evidence at any place or produce any document or other thing in his possession or under his control, and examine him as a witness and require him to produce any document or other thing in his possession or under his control, subject to all just exceptions; and issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails, refuses or neglects to do so and does not excuse such failure, refusal or neglect to the satisfaction of the House or the committee in question, and order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his failure, refusal or neglect to obey the summons, and also to impose such fine as may be prescribed for any such failure, refused or neglect; and any fine so imposed shall be recoverable in the same manner as a fine imposed by a court of law.

Section 89(2) also stipulates that: “A summons or warrant issued under this section may be served or executed by any member of the Nigeria Police Force or by any person authorised in that behalf by the President of the Senate or the Speaker of the House of Representatives, as the case may require.”