Bill for legislators’ immunity throws House into rowdy session

Federal House of Representatives was thrown into a rowdy session on Tuesday over an attempt to amend section 308 of the Nigerian constitution.

The alteration is contained in the bill sponsored by Leo Ogor, House minority leader. It is meant to provide immunity for the leadership of the National Assembly in order to guarantee the independence of the legislature.

Ogor said, “The amendment is straight forward but it needs some clear explanation. The amendment seeks to strengthen the National Assembly; the (leadership) should be protected in the period they are in office.”

The majority leader of the House, Femi Gbajabiamila, kicked against the bill claiming that the timing of the legislation is not right arguing, “we must feel the pulse of the people; there is something about timing, timing in any piece of legislation is important. There are issues in the Senate and I pray it’s resolved.”

At this point, the House went rowdy for about 15 minutes, forcing members into two opposing factions, one calling for the Speaker to rule on the amendment, others wanting it to be thrown out.

At the time peace returned, Speaker, Yakubu Dogara, based on the House Rules, said that the bill would be sent to the special committee on constitutional review, adding that “the bill can die even at the committee.”

But guiding the House, the deputy chairman rules and business, Ayorinde Olabode, referred to Order 8 Rule 98 of the Rouse Rules, where it was stated that any bill which seeks to alter the constitution be sent to the special committee.

The Speaker passed the bill for second reading, referring it to the special committee on constitutional review.

Section 308 of the 1999 Constitution states: (1) Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section – (a) no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office; (b) a person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise; and (c) no process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued: Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office.

(2) The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party.

(3) This section applies to a person holding the office of President or Vice President, Governor or Deputy Governor; 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 functions of the office.