Can A Servng Senator Be Convicted, Even With His Immunity – TheNigerialawyer

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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