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Reps seek to halt court interference in legislative process

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Electoral Act Ammendment bill reaches Reps



The House of Representatives on Tuesday took steps to stop judicial interference in legislative functions of lawmakers and guarantee the separation of power.

The House at plenary passed for a second reading the bill which seeks to amend the Legislative Houses (Power and Privileges) Act 2017 to preserver the powers of a legislative house and guarantee the separation of power sponsored by Rep. Abubakar Fulata and Rep. Marian Onuoha.

Leading the debate in the bill which has been referred to the House Committee on Judiciary for further legislative work, Fulata said that in recent times, there has been several court cases which seek to halt the National Assembly and its committees from carrying out their legislative duties in contravention of section 4 of the Nigerian constitution.

He said the provisions of the constitution; nobody has the power to stop the National Assembly from doing its duties, adding that by the provisions of the law, you wait until after the legislature has concluded its work before you can challenge it.

He said the court cases seeing to stop the lawmakers from performing their jobs goes against the principles of separation of power.

Rep. Mariam Onuoha who cosponsored the bill regretted that it has become a common practice to see people or agencies going to court and brandishing court orders in why they should not appear for investigative hearings, thereby obstructing the performance of their legislative duties.

She said that by the provisions of Section 4 of the 1999 constitution as amended, no criminal or civil proceedings can be brought against the National Assembly in the course of their legislative duties.

She said further that though the bill is not seeking to stop the jurisdiction of courts, it only define the locus or qualification not persons who can seek to institute action against the House while instituting the principles of separation of power.

Rep. Ossai Nicholas Ossai said in accordance with section 4(2) of the 1999 constitution as amended and section 61 of the criminal code, obstruction of the powers of the legislature to carry out its function cannot be tolerated.

Speaker of the House, Rep. Femi Gbajabiamila said:

“We have witnessed many cases against the National Assembly conducting its duty. It is only when a matter has been concluded by the legislature that you can go to court and seek say the matter considered by the lawmaker was illegal.”

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