House of Assembly (powers and Privileges) Law

HOUSE OF ASSEMBLY (POWERS AND PRIVILEGES) LAW

1. Short title. This Law may be cited as the House of Assembly (powers and privileges) Law.

2. Interpretation In this Law “Attorney-General” means the Attorney-General of the Delta State and shall include a person acting as Attorney-General; “Clerk” means the Clerk of the House; “Committee” means a Standing, Select, or Special committee of the house. “High Court” means the High Court of the Delta State; “House” means House of the State Legislature, namely, the Delta House of Assembly and includes a committee; “Legislature” means the Delta State House of Assembly; “Member” means a member of the House, and includes the Speaker and any member presiding in the House or in committee; “Officer of the House” means any person who may from time to time be appointed to the staff of the House, whether permanently or temporarily, and includes the Clerk and any police officer on duty within the precincts of the House; “Precincts” includes the offices of the House and the galleries and places provided for the use or accommodation of strangers, members of the public and representatives of the press and any forecourt, yard, garden, enclosure or open space adjoining or appertaining to the building in which the Chamber of the House is situate and used or provided for the purposes of the House; “Speaker” includes the Deputy Speaker of the Delta House of Assembly and a person for the time being presiding at a sitting of that House.

3. Freedom of speech and debate. There shall be freedom of speech, debate and proceedings in the House and such freedom of speech, debate or proceedings shall not be liable to be impeached or questioned in any court or place out of the House.

4. Members not liable to action in certain cases. No member shall be liable to any civil or criminal proceedings, arrest, imprisonment or damages by reason of anything which he may have said in the House or by reason of any certain matter or thing which he may have brought before the House by cases, petition , bill, resolution, motion or otherwise.

5. Freedom from arrest in civil proceedings. Except for a contravention of this Law, no member shall be liable to arrest, detention, or molestation in respect of - (a) any debt or matter which may be the subject of civil proceedings; or (b) contempt of court (other than criminal contempt) while proceeding to, or in attendance at, or returning from, any meeting or sitting of the House.

6. Restrictions on service of process in House or precincts. Notwithstanding anything in any written Law ?- (a) no process issued by any court in the exercise of its civil jurisdiction shall be served or executed within the Chamber or precincts of the House whilst the house is sitting or through the Speaker or any officer of the House; (b) no process issued by any court in the exercise of its criminal jurisdiction shall be executed or served within the Chamber or precincts of the House whilst it is sitting without the leave of the House first obtained.

7. Person not liable in damages for acts done under, authority of the House. No person shall be liable in damages or otherwise for any act done under the authority of the House and within its legal powers.

8. Immunities to be the same as those enjoyed by House of Commons. The house and the members thereof shall hold, enjoy and exercise, in addition to the privileges, immunities and powers conferred by this Law, such and the like privileges, immunities and powers as are for the time being held, enjoyed and exercised by the Commons House of the Parliament of the United Kingdom of Great Britain and Northern Ireland and by the members thereof, so far as the same are not inconsistent with the Constitution of the Federation Republic of Nigeria or this law.

9. Commons journals to be prima facie evidence in inquiries touching privileges. Subject to the provisions of this Law, a copy of the Journals of the Commons House of the Parliament of the United Kingdom of Great Britain and Northern Ireland, or of the proceedings of the said House, or of a report of any committee of the said House, which has been or purports to have been printed by the order of or by the printer of the said House shall be received as prima facie evidence without proof of its being such copy upon any inquiry touching the privileges, immunities and powers of the House or members thereof

10. Privileges to be noticed judicially. All privileges, immunities and powers of the House shall be part of the general and public law of the Delta and the same shall be judicially noticed in all courts of the State.

11. Power of committee to order attendance of witnesses. The House and a committee authorised by the Standing Orders thereof or by an order of the House to send for persons, papers and records may order any person - (a) to attend before it and to give evidence; or (b) to attend before it and to produce any paper, book, record or other document in the possession or control of such person.

12. Issue and service of summons to attend. (1) Any order to attend to give evidence or to produce documents before the House or a committee of the House in accordance with section 11 shall be notified to the person required to attend or to produce documents by a summons under the hand of the Speaker, or Chairman of the committee. (2) In every summons issued in accordance with subsection (1) of this section there shall be stated the time when and the place where the person summoned is required to attend and, in the case of an order made in accordance with paragraph (b) of section 11, the documents he is required to produce. (3) Subject to the provisions of subsection (5) of this section, every such summons shall be served on the person mentioned therein by delivering to him a copy thereof and there shall be paid or tendered to the person so summoned such sum for expenses as may be authorised by Standing Orders of the House. (4) A summons issued in accordance with this section may be served by an officer of the House or by a police officer. (5) The Speaker may, if he is satisfied that for any reason the personal service of a summons cannot be effected, order that service be effected by putting up notice of the summons at the usual or last known place of abode or business of the person to be served.

13. Power to issue warrant to compel attendance. (1) If a person to whom a summons under section 11 is directed does not attend before the House or committee (as the case may be) at the time and place mentioned therein, the Speaker of the House may, upon being satisfied that the summons was duly served or that the person to whom the summons is directed wilfully avoids service, issue a warrant to apprehend him and bring him at a time and place to be stated in the warrant, before the committee. (2) A warrant issued under this section shall be executed by a Police Officer. (3) The Speaker on issuing a warrant for the arrest of any person under this section may, if he thinks fit, by indorsement on the warrant, direct that the person named in the warrant be released after arrest on his entering into such a recognisance before a magistrate for his appearance before the House or a committee of the House as may be required in the indorsement.

14. Witness may be examined on oath. The House or a committee of the House, if authorised by Standing Orders or resolution of that House to send for persons, papers and records, may require that any facts, matters and things relating to the subject of inquiry before the House or such committee be verified or ascertained by the oral examination of witnesses, and may cause any such witness to be examined, which the Speaker or the chairman of the committee or the presiding member (as the case may be) is hereby authorised to administer.

15. Privilege of witnesses. (1) Subject to the provisions of this section, every person summoned to attend, to give evidence or to produce any paper, book, record or other document before the House or a committee of the House shall be entitled in respect of such evidence or the disclosure of any communication or the production of any such paper, book, record or other document to the same privilege as before the High Court. (2) Except with the consent of the President of the Republic no public officer shall be required - (a) to produce before the House or any committee of the House any paper, book, record or other document; or (b) to give before the House or any committee of the House evidence on any matter; if such paper, book, record or other document or such evidence is stated by the public officer to form part of or to relate to the unpublished official records of any department of the Government of the Federation, or to relate to an affairs of State within the authority of the Government of the Federation. (3) Except with the consent of the Governor of the State concerned no public officer shall be required - (a) to produce before the House or any committee of the House any paper, book, record or other document; or (b) to give before the House or any committee of the House evidence on any matter, if such paper, book, record or other document or such evidence is stated by the public officer to form part of or relate to the unpublished official records of any department of the Government of a State or to relate to any affairs of state within the authority of the Government of a State. (4) If any person ordered to attend or produce any paper, book, record or document before the House or any committee refuses to answer any question that may be put to him or to produce any such paper, book, record or document on the ground that the same is of a private nature and does not affect the subject of. inquiry, the Speaker or the chairman of the committee or the presiding member (as the case may be) may excuse the answering of such question or the production of such paper, book, record or document, or may order the answering or production thereof

16. Answer in committee not to be admissible in proceedings Cap. 48 An answer by a person to a question put by the House or a committee of the House shall not, except in the case of criminal proceedings for an offence against section 117 of the Criminal Code or an offence against this Law, be in any proceedings, civil or criminal, admissible in evidence against him.

17. False evidence. (1) Any person who before the House or a committee of the House knowingly gives a false answer to any question material to the subject of the inquiry of the committee which may be put to him during the course of his examination shall (in addition to any offence under Part 6 of which he may be guilty) - (a) if the answer was given on oath, be deemed to be guilty of an offence against section 117 of the Criminal Code and shall be liable on conviction to the punishment therefore prescribed by that Code. [Cap.48] (b) if the answer was given otherwise than on oath, be guilty of an offence and shall be liable on conviction to imprisonment for twelve months. (2) No prosecution for an offence under this section shall be instituted except by or with the consent of the Attorney-General.

18. Evidence of proceedings in the House or committee not to be given without leave. No member or officer of the House and no shorthand writer employed to take minutes of evidence before the House or any committee shall give evidence elsewhere in respect of the of contents of such evidence or of the contents of any manuscript or document laid before the House or any committee or in respect of any proceedings or examination had at the Bar or before any committee of the House without the special leave of the House first had and obtained.

19. Only official report to be admissible, by leave of the House, as evidence of minutes, votes or proceedings. Notwithstanding anything contained in any other section of this Law or any other Law, only a copy of the minutes or record of the votes or proceedings of the House purporting to be printed by the Government Printers and certified by the Clerk shall be admitted as evidence of the minutes or votes or proceedings of the House and such copy as aforesaid shall be conclusive evidence of the minutes or votes or proceedings of the House, and shall not be produced in any court unless with the special leave of the House first had and obtained.

20. Matter printed by order of the House to be admitted as evidence. Upon any inquiry touching the privileges, immunities and powers of the House or of any member, any copy of the minutes or proceedings of the House purporting to be printed by the House to be Government Printer shall be admitted as evidence of such minutes or proceedings in all courts and places without any proof being given that such copy was so printed.

21. Protection of persons responsible for publications authorised by the House. Any person, being a defendant in any civil or criminal proceedings instituted for or on account or in respect of the publication by such person or by his servant, by order or under the authority of the House or any committee, of any reports, papers, minutes, votes or proceedings, may, on giving to the plaintiff or prosecutor (as the case may be) twenty-four hours written notice of his intention, bring before the court in which a such civil or criminal proceedings are being held a certificate of the Clerk stating that the report, papers, minutes, votes or proceedings in respect whereof such civil or criminal proceedings have been instituted were published by such person or by his servants by order or under the authority of the House or any committee, and such court shall thereupon immediately stay such civil or criminal proceedings and the same and every process issued therein shall be deemed to be finally determined.

22. Publication of extracts of proceedings without malice. In any civil or criminal proceedings for printing any extract from or an abstract of any report, paper, votes or proceedings published by or under the authority of the House, if the Court be satisfied that such extract or abstract was published bone fide and without malice, judgment or verdict, as the case may be, shall be entered for the defendant or accused.

23. Regulation of admittance of strangers. (1) No stranger shall be entitled to enter or to remain within the House or it precincts. (2) The Speaker is hereby authorised to issue such orders as he may in his discretion deem necessary for the regulation of the admittance of strangers to the House or its precincts, and for the maintenance of order and decorum therein. (3) Copies of orders made by the Speaker under this section shall be duly authenticated by the Clerk and exhibited in conspicuous positions within the precincts of the House; and such copies, when so authenticated and exhibited, shall be deemed to be sufficient notice to all persons affected thereby. (4) The Speaker may at any time order any stranger to withdraw from the House or its precincts.

24. Person disturbing proceedings of the House may be arrested without warrant. (1) Any person creating or joining in any disturbance in the House or in the precincts during its actual sitting maybe arrested without warrant on the verbal or written order of the Speaker, and may be kept in the custody of an officer of the House pending the determination by the House whether or not such person should be punished for an offence under Part 6, but no such person shall be kept in custody after the termination of the sitting. (2) All police officers and other persons are hereby required to assist in the apprehension and detention of any person in pursuance of any such order as aforesaid.

25. Breaches of privilege Schedule. (1) Each of the acts and omissions specified in the Schedule to this Law (whether in Part A or Part B thereof) shall be an offence under this Part punishable by the High Court under the provisions hereinafter contained in that behalf (2) Each of the acts and omissions specified in Part B of the Schedule is hereby declared to be a contempt of the Legislature. (3) Every contempt of the Legislature which is specified in Part B of the Schedule to this Law and which is committed in respect of or in relation to any House shall be an offence under this part punishable by that House under the provisions hereinafter contained in that behalf.

26. Jurisdiction of High Court. (1) Upon application made to the High Court in that behalf the Attorney-General and supported by evidence on affidavit, the court - (a) may, if satisfied after perusal of the application and such evidence that any member or other person appears to have committed any offence under this Part, cause notice to be served on such member or person calling upon him to show cause why he should not be punished for that offence; and (b) may, if no cause or no sufficient cause as aforesaid is shown to the satisfaction of the court, after such inquiry as the court may consider necessary, convict him of the offence and sentence him to imprisonment for a term of two years or to a fine of four thousand naira or to both. (2) The jurisdiction conferred on the High Court by the subsection (1) of this section may be exercised by the Chief Judge or any judge of the High Court nominated for the purpose by him.

27. Procedure in the High Court. (1) The proceedings and the procedure to be followed upon an application to the High Court under section 26 shall, subject to any rules of court which are made for the purpose, be such as may be determined by the Chief judge or the judge of the High Court hearing the application; and in relation to and for the purposes of such proceedings the High Court shall have the same powers, whether of compelling the attendance of persons and the production of document or otherwise, as the court has in the exercise of its ordinary jurisdiction. (2) The powers to make and approve rules of court conferred by section 53 or the High Court Law shall extend to the making and approval of rules of court prescribing the practise and procedure of the court in proceedings under this part.

28. Conditions precedent to making of application to High Court. (1) An application under section 26 may be made to the High Court by the Attorney- General, in the case of any alleged offence under this Part committed in respect of or in relation to any House, only if - (a) the Attorney-General has furnished a report to the Speaker of that House stating that, in the opinion of the Attorney-General, there is sufficient evidence to warrant the taking of further steps under this Law in that case; and (b) that House, after consideration of such report, has by order requested the Attorney-General to make the application.

29. Reference of cases to Attorney General with statements. (1) For the purpose of enabling the Attorney-General to furnish a report in relation to any case of an alleged offence under this Part, the Speaker, as the case may be, may - (a) on complaint of the alleged offence being made to him in chambers by any member; or (b) if required so to do by order of the House, refer the case to the Attorney- General for report. (2) Where a case is to be referred to the Attorney-General under subsection (1) of this section the Speaker, or any other member, if authorised in writing so to do by the Speaker, or the Clerk of the House if so authorised - (a) shall record on oath or affirmation the statement of the member making the complaint of the alleged offence; and (b) may record on oath or affirmation the statement of any other person whose evidence is or may be in the opinion of the Speaker relevant. The statement of any person may be recorded under the preceding provisions of this section at any time after the case has been referred to the Attorney-General, if the Speaker considers it necessary, whether of this own motion or at the request of the Attorney-General. (3) The provisions of sections 11 to 14 inclusive shall apply in all respects for the purpose of enabling statements to be recorded under subsection (2) of this section in like manner as they apply for the purpose of enabling evidence to be taken by a committee, and for the purpose aforesaid the person authorised by or under subsection (2) of this section to take such statement shall have the same powers as are conferred by those sections on a committee or the chairman thereof. (4) The provisions of sections 15 to 17 inclusive shall apply to and in relation to any evidence given for the purposes of subsection (2) of this section. (5) Notwithstanding anything in the preceding provisions of this section, a person who is alleged to have committed an offence under this Part shall not be bound or compelled without his consent to make any statement under subsection (2) of this section in relation to that offence. (6) Where a case is referred under subsection (1) of this section to the Attorney-General for report, the offence under this Part; and such report shall contain for the information of the House summary of the facts which in the opinion of the Attorney-General, are capable of being proved upon the evidence contained in the statements.

30. House?s jurisdiction over offences specified in Part B. (1) Subject to the provisions of this section, the House shall have power and jurisdiction to punish summarily any contempt of the Legislature specified in Part B of the Schedule to this Law which is committed in respect of or in relation to that House by any member or any other person. (2) The House shall not be competent to punish any offence under this Part in any case which has been referred to the Attorney-General as hereinbefore provided, unless a report has been furnished by the Attorney-General under section 29 to the effect that in his opinion there is sufficient evidence to warrant the taking of further steps under this Law in respect of the alleged offence. (3) The House shall not be competent to take cognisance of or punish any offence under this Part in any case in which an application has been made to the High Court under section 26.

31. Punishment which House may impose. (1) Subject to the provisions of this section, the punishment which may be imposed by the House for an offence under this Part shall be the administration by the Speaker of a reprimand at the Bar of the House or removal from the precincts of the House or both. (2) In the case of an offence committed by a member of the House, the House may, in addition to or instead of any punishment specified in subsection (1) of this section, order his suspension from the service of the House for such period as it may determine: Provided that such period shall not extend beyond the last day of the meeting next following that in which the order is passed, or of the session in which the order is passed, whichever shall first occur. (3) In the case of an offence committed by a person who is not a member, the House may, in addition to the punishment specified in subsection (1) of this section, order that such person shall be prohibited from entering the House or its precincts for a period not exceeding six months.

32. Suspended member excluded from Chamber and precincts. (1) A member of the House who has been suspended from the service of the House shall not enter or remain within the Chamber or precincts of the House while such suspension remains in force, and, if any such member is found within the Chamber or precincts of the House in contravention of this section, he may be forcibly removed therefrom by any officer of the House and no proceedings shall lie in any court against such officer in respect of such removal. (2) No salary or allowance payable to a member of the House for his service as such shall be paid in respect of any period during which he is suspended from the service of the House under the provisions of this section.

33. Power to arrest for carrying out punishment. For the purpose of securing the attendance of any person at the Bar of the House for reprimand under section 31 or of removing from the precincts of the House any person whose removal has been ordered under that section or whose entry has been prohibited under that section it shall be lawful for the Sergeant-at-Arms or any other officer of the House or police officer, if ordered so to do by the Speaker, to, arrest such person without warrant at any place within the precincts of the House and to use such reasonable force as may be necessary for the purpose aforesaid .

34. Saving for civil actions. Notwithstanding that any act or omission constitutes an offence under this Part, nothing in this Law shall be construed to prevent or restrict the institution or maintenance against any person of any civil action or proceeding for damages or for any other remedy which may be available in respect of or by reason of such act of omission.

35. Limitation of power of punishment of persons by House. Nothing in this Law shall confer or be construed to confer on the House any power to impose any punishment on any person other than the power to impose, for any offence specified in Part B of the Schedule, any punishment authorised by section 31 of this Law.

36. Powers of President or Speaker to be supplementary to powers otherwise conferred. The powers of the Speaker conferred by this Law shall supplementary to any powers conferred on him by the Constitution of the Federal Republic of Nigeria or by Standing Orders.

37. Notification of arrest of members. Where a member of the House is - (a) arrested or detained in custody upon the warrant or order of a court; or (b) sentenced by a court to a term of imprisonment. the court shall, as soon as practicable, inform the Speaker accordingly.

38. Courts not to exercise jurisdiction over acts of Speaker or officer. Neither the Speaker nor any officer of the House shall be subject to the jurisdiction of any court in respect of the exercise of any power conferred on or vested in him by or under this Law or the Standing Orders of the House or by the Constitution of the Federal Republic of Nigeria. Schedule 1 HOUSE OF ASSEMBLY (POWERS AND PRIVILEGES) LAW PART A OFFENCES TO BE PUNISHABLE ONLY BY THE HIGH COURT

1. Assaulting, insulting or wilfully obstructing any member coming to or going from the House or on account of his conduct in the House or any committee, or endeavouring to compel any member by force, insult or menace to declare himself in favour of or against any proposition or matter depending or expected to be brought before the House or any committee.

2. Making any oral or written threats to a member or challenging a member to fight on account of his conduct in the House or committee.

3. Tampering with, deterring, threatening, beguiling or in any way unduly influencing any witness in regard to evidence to be given by him before the House or any committee.

4. Presenting to the House or to any committee any false, untrue, fabricated or falsified document with intent to deceive the House or any committee.

5. Wilfully publishing any false or perverted report of any debate or proceedings of the House or a committee or wilfully misrepresenting any speech made by a member in the House or in committee.

6. Wilfully publishing any report of any debate or proceedings of the House or a committee conducted behind closed doors or the publication of which has been prohibited by the House or Committee.

7. The publication of any defamatory statement reflecting on the proceedings or the character of the House.

8. The publication of any defamatory statement concerning any member in respect of his conduct as a member.

9. The offering to or acceptance by any member or officer of the House of a bribe to influence him in his conduct as such member or officer, or the offering to or acceptance by any member or officer of the House of any fee, compensation, gift or reward for or in respect of the promotion of or opposition to any Bill, resolution, matter, rule or thing submitted to or intended to be submitted to the House or any committee.

10. Molesting officers of the House on their way to and from the House or on account of their conduct as such officers.

11. Molesting witnesses on account of evidence given by them before the House or a committee of the House.

12. Destroying documents which a person has been ordered to produce for the House or a committee of the House.

13. The printing of a copy of any Law or of any report, paper, minutes, or notes or proceedings of the House or any committee, which purports to have been printed by the Government Printers or by or under the authority of the House or any committee but which in fact has not been so printed or the tendering in evidence of any such copy as aforesaid.

14. The abetment of any act or omission specified in any of the preceding paragraphs. PART B OFFENCES TO BE PUNISHABLE EITHER BY THE HOUSE OR THE HIGH COURT

1. The wilful failure or refusal to obey any resolution of the House under this Law, or any order of the Speaker or any member which is duly made under this Law.

2. Wilfully disobedience to any order for attendance or for production of papers, books, records, or documents, made by the House or any committee duly authorised in that behalf unless such attendance or production be excused as provided in section 15.

3. Refusing to be examined before or to answer any lawful and relevant question put by the House or any such committee, unless such refusal be excused as provided in section 15.

4. Assaulting, insulting or wilfully interfering with any member in the House or in committee or in the precincts of the House.

5. Assaulting or resisting or wilfully interfering with an officer of the House in the execution of his duty.

6. Creating or joining in any disturbance in the Chamber or in committee or in the vicinity of the House while the House or any committee is sitting, knowing or having reasonable grounds to believe that proceedings of the House or committee are or are likely to be interrupted.

7. Disrespectful conduct in the precincts of the House.

8. Prevarication or other misconduct as a witness before the House or in Committee.

9. The publication of any proceedings in a committee of the House before they are reported to the House.

10. The abetment of any act or omission specified in any of the preceding paragraphs.