The Nigerian blogosphere and
cyberspace in general has been recently in a state of confusion over a report
that the National Assembly was in the process of passing a bill to grant her
members immunity from criminal prosecution, etc. This was more than a little
worrisome to some of us. It seemed that the house members were beyond
redemption with this latest move. Conspiracy theorists had gone to town on how the immediate target of this bill would be serial bribe
takers and cap bankers like Farouk and Hembe.
What to do? Petition this move
publicly and on the floor of the house? So, some folks were put to the task of
verifying the details of this “obnoxious bill”.
Luckily Hon. Femi Gbaja, the house
minority leader was on hand through our Gen-X Facebook page to give the following
response.
Gentlemen, I appreciate
your concerns about the immunity Bill. I would be too if I thought it was to
confer criminal immunity on legislators. However it does not. What the Bill does
is to confer immunity to legislators over anything said during a debate on the
floor of the House. As you know it will be difficult for a legislator to
fearlessly articulate and debate issues on the floor if he has to be worried
that he would be dragged to court for slander etc. it has nothing to do with
immunity from anything else. It's is more or less civil immunity and restricted
to speeches made during debates. It is important that practically all
democracies world over have this immunity for their legislators. In fact it was
already a provision under our laws, the Legislative Houses and Privileges Act
but the Supreme Court ruled that it was unconstitutional and could not stand
unless the constitution was amended. This is what the House has done in conformity
with international best practices and in line with other democracies. It is
important to reiterate that any member can still be sued for any other offense
whether fraud, violence, reckless driving etc. I hope this explains the Bill
and clarifies issues. God bless you all.
Apparently there is also a link on
the NASS website that shows all the current bills for consideration, etc.
See link here http://www.nassnig.org/nass2/legislation.php
The bill in contention is number 10
from the top in downloadable pdf. The highlights are the following:
A BILL FOR AN ACT TO ALTER THE CONSTITUTION
OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED) BY PROVIDING IMMUNITY FOR
THE 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 AND DEBATES AND PROCEEDINGS IN LEGISLATIVE HOUSES ARE NOT IMPEACHED OR
QUESTIONED IN ANY COURT OR PLACE OUT OF PARLIAMENT AND FOR RELATED MATTERS.
So I resolved to like honourable
Gbaja’s Facebook page and also to friend him. He has shown himself to be an
asset with this response. I am also happy that the news was not as bad as we
had previously thought. The NASS members have not gone totally rogue on
us…thankfully.
PS
In using "some folks", "we", "us", etc., from the first paragraph, I was referring to Gen-X Nigerian Citizens Forum.
Look us up on FB and join if the vision and goals agree with you.
https://www.facebook.com/groups/115200225308307/
https://www.facebook.com/groups/115200225308307/
SAN
Apparently there was already an existing provision and the legislators may just have wasted our valuable manhours on this potentially needless bill. See here from The Guardian's editorial - http://www.ngrguardiannews.com/index.php?option=com_content&view=article&id=116592:immunity-and-the-legislators&catid=37:editorial&Itemid=612
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