Adamu Bulkachuwa, Senator formerly representing Bauchi Central, is invoking legislative privileges to ward off the Independent Corrupt Practices and other Related Offences Commission (ICPC), over his recent comment in which he revealed how his wife, Zainab Bulkachuwa, former President of the Court of Appeal, used her position to skew judgements for politicians.
His objection is contained in a suit he filed at the Federal High Court, Abuja, to prevent the agency from investigating him, after he said at the Senate valedictory session, of the last National Assembly that he “encroached on” his wife’s space while she was in office and that the said wife, who presided over the 2007 Sokoto state governorship election petition tribunal and the suit in which Timipre Sylva, former governor of Bayelsa, challenged the nomination of Seriake Dickson, an ex-governor of the state, as the flag-bearer of the Peoples Democratic Party (PDP), obliged him.
Though former Senate President, Ahmad Lawan, who presided over the session, prevented him from concluding his revelation, outraged Nigerians, who felt the damage had already been done, called for his head, while demanding that the National Judicial Commission (NJC), should investigate the tenure of the former appellate court’s boss as well as review all the cases she presided over.
Bulkachuwa was scheduled to appear at the ICPC office on July 6 but he filed a suit to stop the invitation before the date.
Marked FHC/ABJ/CS/895/2023, Bulkachuwa, who argued that he was protected by constitutional impunity as a senator when he made the comment, which he said, was misinterpreted, in a supporting affidavit, explained that as a serving Senator, he was, by law, immune to arrest or detention over any conduct, action or speech he made on its floor.
Stressing that he was neither questioned nor disciplined by the Senate for any wrongdoing, he argued that by law, it was only the senate in session or any of its sub-committees that had the disciplinary power to invite him to answer any question or questions relating to his conduct or utterances on the floor of the upper chamber.
“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 why on the floor of the senate.”
Bulkachuwa, while alleging that the defendants, particularly the ICPC, had joined his political opponents “to adopt and propagate the unintended inference from the said inchoate valedictory speech made on the floor of the senate.”
He added: “The defendants, particularly the ICPC or any other law enforcement agency of the federal republic of Nigeria do not have the powers to invite/discipline me (as serving member of the senate at the time of my utterance in reference) questioning/interview on any matter that occurred on the floor of the house of senate without the prior approval of the senate committee saddled with the investigating the actions of a member.
“No civil or criminal proceedings can lie against a serving member of the senate on account of the speech/utterances made on the floor of the senate unless and until the senate exhausts its disciplinary powers over such a member.”
At the court hearing on Thursday, Donald Ayibiowu, counsel to Bulkachuwa prayed the court to grant all the reliefs sought in the suit, while Oyin Koleoso, lawyer to the Attorney-General of the Federation (AGF), faulted his argument, contending that he no longer had any immunity from arrest and prosecution because he was no longer a Senator, urging the court to dismiss the suit, while I.A. Aderounmu, who appeared for the Department of State Services (DSS) and U. M. Narimir, ICPC lawyer, also prayed the court to dismiss the case, while Inyang Ekwo, presiding judge adjourned the matter to October 25 for judgment.