Why Justice Bulkachuwa’s Husband Can’t Be Arrested, Prosecuted — NASS Tells Court

The Clerk of the National Assembly, Magaji Tambuwal, has asked the Federal High Court sitting in Abuja to declare that Senator Ahmad Muhammad Bulkachuwa cannot be arrested or interrogated by security or anti-graft agencies over comments he made during a plenary of the 9th National Assembly concerning his wife’s alleged subversion of justice.

Bulkachuwa had during the valedictory session of the 9th Assembly, disclosed that his wife, former Court of Appeal President, Justice Zainab, “accepted my encroachment, and extended her help to my colleagues.”

In the viral video clip on June 12, he said his wife assisted his colleagues at the National Assembly apparently when matters came to the Appellate Court.

“I look at faces in this chamber whom have come to me and sought for my help when my wife was the President of the Court of Appeal.

“And I must thank particularly, my wife, whose freedom and independence I encroached upon while she was in office, and she has been very tolerant and accepted my encroachment, and extended her help to my colleagues.

“I did my best and in most cases I succeeded,” Senator Bulkachuwa had said, while the then Senate President, Ahmed Lawan tried interjecting him.

But his wife, now a retired justice, debunked the comments saying she “never favoured any party” during her time as a judge.

Recall that Justice Bulkachuwa had to recuse herself from the 2019 Presidential Election Petitions Court sitting following a petition by the Peoples Democratic Party that alleged she would not give justice in the case because her husband was a senator-elect under the APC.

The 2019 panel had dismissed the PDP petition but Justice Bulkachuwa later recused herself on personal grounds.

The comments made by the lawmaker was condemned by the Nigerian Bar Association president, Yakubu Maikyau SAN, who called for his prosecution so as to salvage the judiciary.

Apparently sensing prosecution by relevant stakeholders, Senator Bulkachuwa, through his lawyer, Mr. Donald Ayibiowu approached Justice Inyang Ekwo for declaratory reliefs.

The Attorney-General of the federation, Clerk of the National Assembly, State Security Service, Independent Corrupt Practices and Other Related Offenses Commission (ICPC), and Nigeria Police Force, were listed as 1st to fifth defendants.

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 asked 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.”

In his counter affidavit and written address, the Deputy Director, Legal Services, National Assembly, Charles Yoila said the National Assembly’s clerk emphasized on the need to further protect the immunity and privileges granted legislators as regards words spoken or written at the plenary.

“The immunity and privileges enjoyed by the legislators in Nigeria are standard world practices applicable to legislators, judges and similar office holders in democracies across the world,” he stated.

He argued that the legislative arm of the Nigeria government operates independently except where the law states otherwise.

“Any attempt to disregard these provisions of the law is an aberration and the court is properly called upon to intervene,” Charles further stated while urging the court to strike out the National Assembly from the matter because the plaintiff has no case against him.

At the proceedings on Monday, counsels agreed they have not fully served and received court processes from parties.

Subsequently, Justice Ekwo adjourned to July 27 for hearing.