On 16th June, 2016, Jo Cox, the British Labour Party Member of Parliament for Batley and Spen, died after being shot and stabbed multiple times in Birstall, West Yorkshire by Thomas Mair for her principled and passionate support for Britain remaining in the European Union during the Brexit heated debate. After her death, there was great apprehension in the security community in Britain that more British Parliamentarians may be liable to attacks. They toyed with the idea of providing additional security to the Parliamentarians. This idea was rejected by the Parliamentarians because they argued that it will isolate them from their communities and make them not to be able to suffer what the ordinary members of their communities are suffering which will impact on the quality of their legislation. This is astounding because it showed that the representatives of the British people were willing to pay the supreme price just to be able to give their constituencies quality representation.
In Nigeria, the opposite is the case. Immediately politicians are elected, most of them assume a life far above the lives of the people they represent and corner every good thing to themselves to the detriment of the people they represent. One can even dare to reason with them when they seek additional security for the protection of their lives because of our wobbling security situation but a new trend has arisen recently where Nigeria’s representatives of the people are now requesting that they should be clothed with absolute immunity which will effectively make them above the law. In essence, they are saying that their presiding officers should not be held accountable for whatever they do against Nigerians while they are in office. For example, if a Senate President or a Speaker of the House of Representatives kills any Nigerian in whatever circumstances, or steals, he cannot be held accountable for it while in office.
We must note that a Channel TV opinion poll of Nigerians on this issue indicates that about 77.5 Nigerians believe that this move is totally unnecessary. We must also point out that the Bill seeking for immunity to cover Presiding Officers of Legislative Institutions has scaled second reading in the House of Representatives. The Bill was reported to have been sponsored by Representative Odebunmi Olusegun, who said that the Bill is important to safeguard the sanctity of the National Assembly. Majority leader, Ado-Doguwa said it should be passed for the simple reason that it provides protection for leaders of the Legislature considering the important work of the Legislature. However, the House Minority Leader, Ndudi Elumelu asked the lawmakers to place the interest of their constituents above personal interest. In his words, “outside here, our people are being killed and butchered. We are coming up with a bill on the issue of immunity while some of us are saying that people should be held accountable for what they do. I think it is wrong and it should not be allowed.”
It is the position of our law that the legislative powers of the federation and the states are vested in the National Assembly and the Houses of Assembly, the executive powers of the federation and the states are vested in the President and Governors while the judicial powers of the federation and the states are vested in our courts. By custom, convention and the constitution, the three arms of government enjoy reasonable immunity but none of them is granted absolute immunity. The executive is granted immunity from prosecution and civil litigation by the general public but the constitution grants power to the Legislature and the judiciary to try the executive while in office through the impeachment process. The legislature is immune from any prosecution or civil liability arising from anything done or said while carrying out their legislative duties as an institution but they are liable to be tried by the executive and the judiciary for any act done outside their legislative duties while in office. The judges are also immune from the consequences of the judgement they give but can be held responsible for their actions outside the courtroom.
The quest therefore of some members of the legislature for absolute immunity for some of their members is deeply worrying. It is important to note that the immunity they seek is not an extension of the one granted to the executive. The executive’s immunity is checked and balanced by the legislature and the judiciary who can try the executive while in office through the impeachment process. If the legislators are granted immunity, who will check their excesses? Their immunity squarely places them above the law, which will create dictators in the very institution that should epitomize democracy. Also the legislative powers are not vested in the individual legislator but in the institution of the legislature. A legislator is one out of 109 Senators and one out of 360 House Members. Every legislator has equal right and equal vote. The presiding officers are there to administer the proceedings of the National Assembly. How can the absence of one legislator affect the proceedings of the National Assembly? The argument, therefore, that the Bill is important to safeguard the sanctity of the National Assembly holds no water because the sanctity of the National Assembly has already been safeguarded by the immunity granted to the legislature as an institution. The argument also that the immunity Bill will provide protection for leaders of the legislature is also absurd because the leaders of the National Assembly are some of the most protected in Nigeria. The only reason for the bill is to provide cover for the leaders of the National Assembly to be corrupt and to shield them from being prosecuted if they commit any offence against Nigeria and Nigerians. No executive can afford to intimidate or persecute the leaders of the National Assembly without reason because they possess enormous powers against the executive.
For the avoidance of doubt, Adolphus Wabara, the former Senate President was tried for receiving bribe. He voluntarily resigned his position as the Senate President but continued his membership of the Senate. This did not affect the running of the Senate for one day. We have to note that the court later declared him not guilty. No one can say that his prosecution was an attempt to intimidate the National Assembly because Wabara was a candidate of President Obasanjo, the President of Nigeria then, for the post of the Senate President. Both men had very good relationship until that case bursted. Also Saraki was prosecuted, as Senate President, by the Code of Conduct Tribunal for inaccurate declaration of assets. He chose not to resign and nobody compelled him. He faced his trial while presiding over the upper chambers. There was no evidence that his absence stalled the activities of the upper chambers as other Senators are constitutionally empowered to preside over the Senate in his absence. He was later freed by the Code of Conduct Tribunal.
Can you imagine what would have happened to our nascent democracy if the first Speaker of the House of Representatives, Salisu Buhari had been granted immunity by the constitution and he came in with a forged certificate from Toronto University, Canada. He would have been above the law. Once he could persuade majority of his House members that he was innocent, that would have been it. Nigeria would have been a laughing stock abroad. The mere fact that he was triable made him to resign immediately and his trial restored the confidence of the world in our democracy. There was no evidence that his exit or trial affected the smooth running of the House of Representatives, it rather strengthened it.
In a nation like Nigeria, struggling with the issue of corruption, all institutions of government must work hard to close all avenues for corruption. The National Assembly’s attempt at procuring immunity for the leaders is nothing short of providing avenues for entrenching corruption in the Legislature and this should be resisted by all well meaning Nigerians. It is commendable that the Minority Leader of the House, Ndudi Elumelu, who has been a victim of malicious prosecution because of his principled stand against corruption in the power sector, can rise above his persecutions and take a principled stand against the absolute immunity being sought for the Presiding Officers of the Legislature and Nigerians should take a cue from that, reject this dangerous trend and save our democracy.