Can A Servng Senator Be Convicted, Even With His Immunity

DAILY LAW TIPS (Tip 371) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

CAN A SERVNG SENATOR BE CONVICTED, EVEN WITH HIS IMMUNITY.

Legislators in Nigeria, both at national level and state level enjoy parliamentary immunities and as such no legislator (Senator or Honourable Member) can be sued or charged in any criminal or civil suit in any court in respect of any words said or written at the plenary session or at committee proceedings of a legislative house. A legislator cannot be arrested within the legislative house or its premises and also court processes and orders cannot be served on a legislator within the legislative house or its premises.

The immunities of legislators DOES NOT extend to any act or omission outside the legislative house. Hence, any legislator can be sued by any person for any civil dispute, civil wrong or criminal offence in any court in Nigeria.

My authorities are;

1. Sections 1, 23, 25 and 26 of the Legislative House (Powers and Privileges) Act, 2018.
2. The Court of Appeal decision in the case of HONOURABLE FAROUK LAWAN v. ZENON PETROLEUM & GAS LIMITED & ORS (2014) LPELR-23206(CA)

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