Why Bulkachuwa Can’t Be Arrested, Prosecuted — National Assembly

The Clerk of the National Assembly, Magaji Tambuwal, has stated that Senator Adamu Bulkachuwa cannot be arrested or interrogated by security or anti-graft agencies over comments he made during a plenary of the 9th National Assembly concerning his wife.

On June 10, during the 9th senate valedictory session, Bulkachuwa claimed his wife, Zainab Bulkachuwa, used her influence as a judge to aid his colleagues.

“I look at faces in this chamber whom have come to me and sought for my help when my wife was the President of the Court of Appeal.

“And I must thank particularly, my wife, whose freedom and independence I encroached upon while she was in office, and she has been very tolerant and accepted my encroachment and extended her help to my colleagues,” he had said.

As the former president of the court of appeal and the first woman to hold this position, Zainab’s involvement drew significant attention.

This led to a public outcry for an investigation into the former senator’s claim.

However, Zainab has since denied these allegations, asserting that she never allowed partisan interests to compromise her judicial duties.

Sensing prosecution by security agencies, Senator Bulkachuwa, through his lawyer, Donald Ayibiowu, approached Justice Inyang Ekwo for declaratory reliefs.

The Attorney-General of the federation, Clerk of the National Assembly, State Security Service, Independent Corrupt Practices and Other Related Offenses Commission (ICPC), and Nigeria Police Force were listed as 1st to fifth defendants.

The plaintiff asked the court to declare 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.”

He also asked the court to declare that without exhausting the internal disciplinary mechanism, recommendations, and approval of the 9th House of Senate, no other law enforcement agent of the federal government, including the defendants, “can invite any member of the Senate for questioning/interview and or for any disciplinary purposes in relation to the plaintiff’s privileged inchoate expression/statement/speeches made on the floor of the Nigeria House of Senate at the valedictory session.”

In his counter-affidavit and written address obtained by The Whistler, the Deputy Director, Legal Services, National Assembly, Charles Yoila, said the National Assembly’s clerk emphasized the need to further protect the immunity and privileges granted legislators as regards words spoken or written at the plenary.

He stated, “The immunity and privileges enjoyed by the legislators in Nigeria are standard world practices applicable to legislators, judges, and similar office holders in democracies across the world.”

“Any attempt to disregard these provisions of the law is an aberration, and the court is properly called upon to intervene,” Charles further stated.

He urged the court to remove the National Assembly from the matter because the plaintiff has no case against him.

At the proceedings on Monday, counsels agreed they had not fully served and received court processes from parties.

Subsequently, Justice Ekwo adjourned to July 27 for hearing.