The Federal High Court in Abuja fixed a date for judgement in the suit filed by Mr Bulkachuwa to have the court stop ICPC and SSS from probing him over his confession to influencing his wife's decisions as the President of the Court of Appeal.
An embattled former senator, Adamu Bulkachuwa, who is facing investigations over his confession of influencing his wife's decisions while she was serving as the President of the Court of Appeal, has said his 'political enemies' were colluding with law enforcement agencies to harass him.
Mr Bulkachuwa said this in his filings in a suit he filed at the Federal High Court, Abuja, to stop the law enforcement agencies from probing him.
Mr Bulkachuwa filed the suit earlier this month at the Federal High Court in Abuja after receiving an invitation from the anti-corruption agency, ICPC, three days before he was expected to appear before the investigative team of the anti-corruption agency.
He alleged in his filings he submitted to support the suit 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."
"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 investigation the actions of a member," a supporting affidavit in filed in support of the suit read in part.
The former senator, 83, an All Progressives Congress (APC) senator between June 2019 and June 2023, boasted about how he, on different occasions, influenced the decisions of his wife, Zainab Bulkachuwa, to the advantage of his colleagues in the Senate.
Mrs Bulkachuwa was the President of the Court of Appeal from 2014 to 2020, when she retired from the court after clocking the mandatory retirement age of 70.
Mr Bulkachuwa had sued the Attorney-General of the Federation (AGF), the National Assembly Clerk, the State Security Service (SSS), Independent Corrupt Practices and other related offences Commission (ICPC) and the Nigeria Police Force as 1st to 5th defendants respectively.
The former lawmaker, who represented Bauchi North senatorial district in the immediate-past 9th National Assembly, had shocked many when he admitted to "trampling on his wife's freedom and independence while she served as President of the Court of Appeal."
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 prayed 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."
Legislative immunity
In his supporting affidavit filed to back his suit marked, FHC/ABJ/CS/895/2023, he cited the 15 June letter of invitation sent to him by the ICPC over his comment on the floor of the Senate.
He said many had misinterpreted his remarks to mean that he had influenced his wife's handling of some case while she was the President of the Court of Appeal.
He argued that, as a serving senator when he made the comment, he was, by law, immune to arrest or detention over any of his conduct, action or speech on the floor of the Senate.
He also said he was freely expressing himself on the floor of the upper legislative chamber when the then Senate President, Ahmad Lawal, interjected and prevented him from completely expressing his thought.
He said he was neither questioned nor disciplined by the Senate for any wrongdoing.
Mr Bulkachuwa stated that he was surprised to receive an invitation from the ICPC, asking him to report for an interview on 22 June for interrogation over his comment on the floor of the Senate.
He argued that, by law, it was only the Senate in session (committee of the whole) 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, have 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."
He argued that "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."
He said that because he was a politician, the defendants jointly and severally, might have decided to join his political foes to question and discipline him for his statement, made on the floor of the Senate.
He, therefore, prayed the court to, among others, declare that the he was covered and protected by the Parliamentary Immunity as enshrined in Section 1 of the Legislative Houses (Powers and Privileges) Act of 2017.
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Mr Bulkachuwa also sought an order of perpetual injunction restraining the defendants and other agencies of the federal government from further inviting and or compelling him "to appear before them for interviews or questioning in respect of his inchoate utterances on the floor of the 9th Senate."
Hearing
At a hearing on Thursday, Mr Bulkachuwa's lawyer, Donald Ayibiowu, urged the court to grant all the prayers sought.
The Clerk of the National Assembly had backed Mr Bulkachuwa in a "counter-affidavit," saying he enjoyed immunity from any form of proceedings in respect of words spoken or written at the plenary session.
But lawyer to the AGF, Oyin Koleoso, faulted the plaintiff's argument, contending that he no longer had any immunity from arrest and prosecution because he had ceased to be a senator.
Mr Koleoso urged the court to dismiss the suit.
O. A. Aderounmu, who appeared for the State Security Service (SSS), and ICPC's lawyer, U. M. Narimir, also urged the court to dismiss the case.
The judge, Mr Ekwo, adjourned the matter until 25 October for judgement.
(NAN)
