Justice Inyang Ekwo of the Federal High Court in Abuja has dismissed Senator Adamu Bulkachuwa’s suit seeking to prevent the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Department of State Services (DSS) from investigating him for a remark he made during the 9th National Assembly’s valedictory session.
Justice Ekwo ruled on Tuesday that the claim was without merit and should be dismissed.
He claims that Bulkachuwa, as a legislator, should grasp the implications of his statement on the Senate floor.
According to him, the legislative immunity claimed by Bulkachuwa in this case is ineffective.
The Judge ruled that a cause of action can be considered to have developed only when a law enforcement agency violates a citizen’s fundamental rights while carrying out their statutory duties.
Senator Bulkachuwa had already sued the Attorney-General of the Federation (AGF), the clerk of the National Assembly, the State Security Service, the Independent Corrupt Practices Commission (ICPC), and the Nigeria Police Force.
He had requested that the court rule that he “is covered, privileged, and protected by the parliamentary immunity as enshrined in Section 1 of the Legislative Houses (Powers and Privileges) Act 2017, and freedom of speech and expression made thereto is privileged.”
The lawmaker also asked the court to rule that without exhausting the internal disciplinary mechanism, recommendations, and approval of the 9th House of Senate, no other Federal Government law enforcement agent, including the defendants, can question or interview any member of the Senate.
According to Justice Ekwo, Bulkachuwa’s remark on the floor of the Debate on June 10 was not covered by Section 39(1) of the 1999 Constitution.
The plain terms of Section 39 (1) of the 1999 Constitution (as amended), according to the Court, cannot be read to suggest that a person can say whatever he wants.