Bulkachuwa, the immediate past member representing Bauchi North Senatorial District of Bauchi State in the National Assembly, has approached a Federal High Court in Abuja to stop the Independent Corrupt Practices and Other Related Offences Commission (ICPC) from investigating and arresting him over the comments he made while speaking during the valedictory session of the 9th Senate.
The former Bauchi North Senator had allegedly explained how he influenced some decisions of his wife, Justice Zainab Bulkachuwa, while she was serving as the President of the Court of Appeal. She presided over the Court between 2014 and 2020 and retiring when the mandatory age of 70.
Listed as respondents in the suit marked FHC/ABJ/CS/895/2023, are the Attorney General of the Federation, the Clerk of the National Assembly, the Department of State Services, the ICPC, and the Nigeria Police Force.
The senator wants the court to interprete Section 1 of the Legislative Houses (Powers and Privileges) Act 2017, which confers immunity on him from any civil or criminal litigation in respect of any utterance he makes on the floor of the Senate in his capacity as a serving Senator. He also wants the court to declare that the ICPC’s invitation on the matter was illegal and oppressive.
He wants, among other things, “an order of perpetual injunction restraining the respondents jointly and severally, particularly the 4th respondent (ICPC), acting directly or indirectly through their agents, officers, privies, assigns, and any other persons by whomsoever or however constituted from inviting, harassing, intimidating and/or compelling the applicant to appear before the respondents pending the hearing and determination of Suit.
“A declaration by the court that the applicant is covered and entitled to the constitutional privileges and protection offered as freedom of speech/expression by Section 39(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Parliamentary Immunity as enshrined in Section 1 of the Legislative Houses (Powers and Privileges) Act 2017.”