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Nigerian Senator, Mohammed Bulkachuwa has raised an alarm.
He claimed that Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Department of State Security (DSS), and others are working with his political enemies to harass him.
Bulkachuwa, who is the husband of the immediate past President of the Court of Appeal, Justice Zainab Bulkachuwa, said ICPC and other security agencies have continued to harass him since his valedictory comment on the floor of the Senate, which his political enemies have continued to misrepresent.
He cited the June 15 letter of invitation sent to him by ICPC over his comment on the floor of the Senate, which many have misinterpreted to mean that he has influenced his wife’s handling of some cases while she was the President of the Court of Appeal.
Bulkachuwa said these and more in the suit he filed against the Attorney General of the Federation (AGF), the clerk of the National Assembly, DSS, ICPC, and the Nigeria Police Force (NPF), seeking to restrain them from further harassing him over the issue.
In the suit marked “FHC/ABJ/CS/895/2023,” filed by his lawyer, Donald Ayibiowu, Bulkachuwa argued that as a serving senator when he made the comment, he was, by law, immune from arrest or detention over any of his conduct, action, or speech on the floor of the Senate.
In a supporting affidavit, he said he was freely expressing himself on the floor of the upper legislative chamber when the Senate President interjected and prevented him from completely expressing his thoughts, adding that he was neither questioned nor disciplined by the Senate for any wrongdoing.
Bulkachuwa stated that he was surprised to receive an invitation from ICPC, asking him to report for an interview on June 22 for interrogation over his comment on the floor of the Senate.
He argued that by law, only the Senate in session (Committee of the Whole) or any of its sub-committees has the disciplinary power to invite him to answer any question or questions relating to his conduct or utterances on the floor of the Nigeria Senate.
“The National Assembly is an independent arm of government with its own regulatory power, and every senator, including the Plaintiff, has the parliamentary immunity to boldly express themselves on the floor of the Senate without any fear of sanctions from the executive arm of government, for and on behalf of their constituents, hence the immunity conferred on members to allow or grant lawmakers the freedom of speech they required and confidence while on the floor of the Senate,” Ayibiowu argued on behalf of his client.
He further noted that the defendants, particularly the 4th defendant (ICPC), “have joined his political opponents to adopt and propagate the unintended inference from the said inchoate valedictory speech made on the floor of the Senate.”
According to him: “The defendants, particularly the 4th defendant, or any other law enforcement agency of the Federal Republic of Nigeria do not have the powers to invite or discipline me (as a serving member of the Senate at the time of my utterance in reference), question or interview me on any matter that occurred on the floor of the House of Senate without the prior approval of the Senate committee saddled with the investigation of the actions of a member.”
He argued that no civil or criminal proceedings can be brought against a serving member of the Senate “on account of the speech or utterances made on the floor of the Senate unless and until the Senate exhausts its disciplinary powers over such a member.”
He requests that the court rule that parliamentary immunity, as defined in Section 1 of the Legislative Houses (Powers and Privileges) Act of 2017, covers and protects him.
Bulkachuwa also wants an order of perpetual injunction restraining the defendants and other agencies of the Federal Government from further inviting or compelling him “to appear before them for interviews or questioning in respect of his inchoate utterances on the floor of the 9th Senate.”
At the hearing of the case on Thursday, the plaintiff’s lawyer, Donald Ayibiowu, urged the court to grant all the reliefs sought.
While the clerk of the National Assembly argued that Bulkachuwa enjoyed immunity from any form of proceeding in respect of words spoken or written at the plenary session, the lawyer to the AGF, Oyin Koleoso, faulted the plaintiff’s argument, contending that he no longer has any immunity from arrest and prosecution because he has ceased to be a senator.
Koleoso urged the court to dismiss the suit.
O. A. Adetounmu (for SSS) and U. M. Narimir (for ICPC) also urged the court to dismiss the case.
After listening to arguments by lawyers for all parties, Justice Inyang Ekwo adjourned until October 25 for judgement.
