The House of Representatives is mulling a bill seeking to grant immunity to Supreme Court and High Court Justices in Nigeria.
The bill sponsored by Hon. Iduma Igariwey (APC, Ebonyi state), seeks to alter section 308 of the 1999 constitution as amended by restricting legal proceedings against heads of courts in the country. The bill scaled second reading at the green chamber on Thursday.
Igariwey, while leading the debate said if it becomes law, the bill will “protect the integrity and independence of the Supreme Court, the Federal and state High Courts.”
The lawmaker argued that the proposed legislation will entrench the doctrine of separation of powers, thereby protecting the Judiciary from the excesses of the Executive arm.
Igariwey argued: “I really think that if there is an arm that should enjoy immunity, it is the judiciary. I think that this is the arm that should enjoy immunity to avoid distraction. What is good for the executive is good for the judiciary.
“The immunity clause as contained in Section 308 of the 1999 Constitution (as amended) should be extended the Chief of Justice of Nigeria and justices of the Supreme Court of Nigeria, the Chief Judge of the Federal High Court and the Chief Justices of the State High Courts and Federal Capital Territory.
“This will be in the best interest of maintaining the doctrine of separation of powers, as contemplated by the 1999 Constitution and the protection of our judiciary from the excesses of the executive.”
Opposing the bill, Hon. Johnson Oghuma, argued that the proposed enactment tends to give undue immunity to the Justices, pointing out that the Section of the constitution the bill seeks to be altered does not provide it.