Legislative Immunity and Privilege in Nigeria: A Comprehensive Analysis
Safeguarding Democracy and Rule of Law.
1.0 Introduction
Legislative immunity and privilege in Nigeria constitute a fundamental aspect of the democratic process in Nigeria, as in many other jurisdictions. These legal safeguards are designed to protect lawmakers from undue interference in their legislative functions, ensuring the effective discharge of their duties in representing the citizenry.
Essentially, legislative immunity and privilege in Nigeria shield legislators from legal liability for actions and statements made in the course of their official duties, while privilege grants them certain rights and exemptions to facilitate their work without fear of reprisal. These protections are rooted in the principle of separation of powers, a cornerstone of Nigeria’s democratic system.
However, the scope and application of legislative immunity and privilege in Nigeria have been subject to considerable debate and controversy. This article delves into the conceptual framework of these legal doctrines, their constitutional and statutory underpinnings, and their implications for the democratic process and the rule of law.
2.0 Legislative Immunities
In all democracies worldwide, it is universally accepted that if the legislature has the power to make laws, conduct its proceedings in open sessions, summon witnesses to appear before it, establish its own rules of debate and perform other oversight functions, then it needs to be protected from the due process of law to perform these functions without hindrances. Therefore, it is a universal practice to imbue the legislature with privileges and immunities from regular proceedings to protect the sanctity of the institution and minimize distractions in various forms. Immunity thus connotes freedom or protection from something. The Legislature, in order to perform its functions efficiently needs certain privileges and immunities. Just like in the case of privileges, in the area of immunities too, the practice as known today in the Congress of the United States of America, Nigeria and most Parliaments in the world, is inherited from the British House of Commons.
In the United States of America, the term ‘privileges’ is often used to refer to immunities. Article 1 of its Constitution, Section 6 provides that Senators and Representatives shall, in all cases, except treason, felony and breach of peace, be privileged from the arrest during the attendance at the session of their respective houses and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.
“The concept of Congressional immunity from certain legal actions was a well-established principle in England when it was added to the American Constitution. Article I (of its Constitution) Section 6, provides that Senators and Representatives shall, in all cases, except treason, felony and breach of peace, be privileged from arrest during their attendance at the session of their respective Houses and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place”[1]
Furthermore, “The power of each House of Congress to judge the elections and qualifications of their own members and behaviour are essential to the functioning of Congress as a Co-equal Branch of the Government, free from harassment and domination by the other branches”[2]
3.0 Scope of Legislative Privileges in Nigeria
Legislative privilege in Nigeria has a broad scope extending to the bundle of rights and immunities enjoyed by members of the legislature as a result of their membership of a legislative house. Section 1 of the Legislative Houses (Powers and Privileges) Act, 2017 provides immunity for Members from proceedings as it provides immunity from litigation as follows:
“A criminal or civil proceeding shall not be instituted against a member of the Legislative House in respect of words spoken or written at the plenary session or at Committee proceedings of the Legislative House”[3]
Other Privileges and Immunities prescribed in the Act include: Powers to summon a witness as outlined in Section 2:
“A Legislative House or Committee shall have power to summon any person in Nigeria to come and testify, give account, tender a document or any other record in evidence, in the possession or under control of that person as provided in the First Schedule to this Act”.
Section 4(1) further provides power to issue warrant to compel attendance as follows:
“Where a person, whom a summons under section 3 of this Act is directed, as specified in the Second Schedule to this Act, does not attend as scheduled; the President or the Speaker of the Legislative House may, upon being satisfied that the summons was duly served, issue a warrant to a police officer or Sergeant-At-Arms, to apprehend the person and bring him before the issuing authority.”
Similarly, Section 2 (1) states that “A member of a Legislative House shall not be obstructed or hindered from gaining entrance into the legislative chambers”. Doing so is considered an offence and liable to conviction and/or fine. Similarly contempt of a Legislative House is considered an offence and recommended sanctions include reprimand or suspension from service of the Legislative House (Section 4 (1)).
The Act also stipulates that the President or Speaker of the Legislative Chamber shall be given notification of arrest of members of Legislative House. Additionally, Section 8 (2) states that civil process shall not be served in Chamber or precincts:
“Notwithstanding the provision of any law:
(a) Court processes or orders shall not be served or executive in the Chamber or precincts of a Legislative House; and
(b) A member of a Legislative House shall not be arrested in the Chamber or precincts of a Legislative House.”
4.0 Conclusion
From the foregoing, it is clear that under the the Presidential System, Members of the National Assembly can claim powers, privileges and immunities under the law and the Constitution. The Legislative Powers and Privileges Act, 2017, which repealed the Legislative Houses (Powers and Privileges) Act, 2004,[4] provided the legislature with the necessary powers and immunities to carry out its legislative responsibilities. This is a positive step, especially given recent breaches by law enforcement agencies when the National Assembly was invaded, and access to the Chamber was controlled by security agents.
For a deeper understanding of the broader implications of legal and judicial issues in Nigeria, see our article on Undermining Justice: Nigeria’s Struggle with Judicial Misconduct and the Imperative for Legal Reforms
References
1. Congressional Quarterly’s Guide to congress, 2nd Ed. Cited in T.I. Ojo op at P.33.
2. Section 1 of Legislative House(power and Privileges) Act 2017.
3. The Legislative House(power and Privileges) Cap. L12 Laws of the Federation of Nigeria, 2004
[1] Congressional Quarterly’s Guide to congress, 2nd Ed. Cited in T.I. Ojo op at P.33.
[2] Ibid
[3] Section 1 of Legislative House(power and Privileges) Act 2017.
[4] Cap. L12 Laws of the Federation of Nigeria, 2004
By A. E. Apim, Esq.
