The Federal High Court in Abuja has dismissed the suit filed by Senator Adamu Bulkachuwa seeking to stop the ICPC from investigating him over the comment he made during the valedictory session of the 9th National Assembly.
Justice Inyang Ekwo in his Judgdment, while noting that the suit lacked merit, stated that Bulkachuwa, being a lawmaker, ought to have understood the implications of the statement he made on the floor of the Senate.
The trial judge also stated that It is the duty of every law-abiding citizen to assist and cooperate with law enforcement agencies in their quest to carry out their statutory function.
The Judge held that It is only where a law enforcement agency breaches the fundamental right of a citizen in the process of carrying out their statutory function, then a cause of action could be said to have arisen.
Senator Bulkachuwa had in a auit filed against the Attorney-General of the Federation (AGF), the Clerk of the National Assembly and others. accused the ICPC, the State Security Services (DSS) and others of colluding with his political enemies to harass him.
He asked the court to declare that he “is covered, privileged and protected by 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.”
The Bauchi Senator also prayed the court to declare that without exhausting the internal disciplinary mechanism, recommendations and approval of the 9th Senate, no other law enforcement agent of the Federal Government, including the defendants, can invite any member of the Senate for questioning/interview.
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However, Justice Ekwo held that the utterance made by Bulkachuwa on the floor of the Senate on June 10 was not covered by Section 39(1) of the 1999 Constitution.
The trial Judge stated that the provision is that every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.
Justice Ekwo also told the law maker that the clear words of Section 39 (1) of the 1999 Constitution (as amended) cannot be interpreted to mean that a person can say anything he likes.
The Judge further noted that upon studying the provision of Section 39 (1) of the 1999 Constitution (as amended), it Is his opinion that the words uttered by the plaintiff on the floor of the Senate on Saturday, 10th June, 2023 was a confession of doing an act that is prohibited by law and Section 39 (1) of the 1999 Constitution, as amended, cannot be invoked to cover such.
In a viral video clip on June 12, 2023, Senator Bukachuwa said his wife, a former President of the Court of Appeal, Justice Zainab, assisted his colleagues at the National Assembly as a serving judge.
(Editor: Ena Agbanoma)
