5 countries where legislators enjoy immunity ON JULY 13, 20167:00
By Clifford Ndujihe, Deputy Political Editor
Across the globe, many countries have a measure of immunity for the legislature to ensure stability of the polity and sustenance of democracy. House of Representatives in Nigeria during plenary.

United Kingdom

In the United Kingdom, lawmakers enjoy Parliamentary privilege, which is a legal immunity enjoyed by Members of the House of Commons and House of Lords. It is designed to ensure that Parliamentarians are able to carry out their duties free from interference. The privileges are freedom of speech, freedom from arrest on civil matters, freedom of access to the sovereign and that ‘the most favourable construction should be placed on all the Houses’s proceedings.’

Turkey

Turkey is one of the countries where lawmakers enjoy immunity. However, last May, Turkey’s parliament ratified a bill that stripped some legislators of immunity from prosecution. Championed by the ruling Justice and Development Party (AKP), the bill amended the constitution, adding a temporary clause to remove immunity from a total of 138 deputies – the exact number who are facing criminal investigations. The bill allowing criminal charges to be brought against legislators was signed by President Recep Tayyip Erdogan on June 7.


India


The Indian Parliament also has “privilege and immunity” that signify certain special or exceptional rights of Lok Sabha or Rajya Sabha or its individual members which are generally accepted as necessary for the exercise of their constitutional functions. There are privileges that are enjoyed by members individually and these include: Freedom of speech, Freedom from arrest and Exemption from attendance as jurors and witnesses. Under Freedom from Arrest: no member shall be arrested in a civil case 40 days before and after the adjournment of the House (Lok Sabha or Rajya Sabha) and also when the House is in session. It also means that no member can be arrested within the precincts of the Parliament without the permission of the House to which he/she belongs. When a member of the House is arrested or detained, the authority concerned should immediately inform the speaker or the Chairman regarding the reasons for such arrest. A member can be arrested outside the four walls of the House on criminal cases under the Preventive Detention, ESMA, NSA, POTA or any other such Act.

Philippines

In Philippines, Article VI, Section II of the Constitution grants lawmakers immunity. It provides: “A Senator or Member of the House of Representative shall, in all offences punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.”

Australia

The principal parliamentary immunity in Australia is the immunity from civil or criminal action, and examination in legal proceedings, of members of the houses and of witnesses and others taking part in proceedings in Parliament. This immunity is known as the right of freedom of speech in Parliament, because it has the effect of ensuring that members, witnesses and others cannot be sued or prosecuted for anything they say or do in the course of parliamentary proceedings. This freedom of speech has always been regarded as essential to allow the houses to debate and inquire into matters without fear of interference.

Read more at: http://www.vanguardngr.com/2016/07/immunity-legislature-countries/

This would have being a welcome development in this part of the world.Especially to prevent executive interference and rascality.This will go a long way to act as check and balances regarding freedom of speech,freedom from arrest on civil matter and freedom of investigations of certain executive activities without interference from the executive. By extension we have a balance system of governance
But the question is.Wouldn't our legislatures abuse and bastardise the whole processes?Nigerians we need to change our orientation and approach to things to be in contention with the committee of other nations.

Add Nigeria because Buhari and his career praise singers will only rant but it won't matter cuz like their messiah, Dogara nd Saraki are using their powers how they like


Op add snake pic or Lalasticlala won't FP this shit

Our Democracy is modelled after the United States that doesn't allow immunity for even Governors. Only the President and VP should have immunity from Civil offences.

We say No to Immunity, it is a sure way of promoting impunity.


PS: On checks, the supposed immunity does not extend beyond what is done on the floor of the Parliament. This is also existing in Nigeria.

false information! the supposed immunity is limited to activities carried out on the floor of chambers.

TyrantInAsoRock:
Add Nigeria because Buhari and his career praise singers will only rant but it won't matter cuz like their messiah, Dogara nd Saraki are using their powers how they like

Has PMB done half of rascality committed by the last administration? A young man was docked yesterday for stealing fowls and most people did not hear it. Because, saraki was docked, the country want to catch fire as if he has two heads.
Let see more of rascality and tyranny against themselves.

The definition of legislative immunity as defined by

Nolo's Plain-English Law Dictionary
Legislative Immunity
A legal doctrine that prevents legislators from being sued for actions performed and decisions made in the course of serving in government. This doctrine does not protect legislators from criminal prosecution, nor does it relieve them from responsibility for actions outside the scope of their office.

ventoh:
false information! the supposed immunity is limited to activities carried out on the floor of chambers.

Thank you my brother, absolutely false information. No country the OP mentioned grants "absolute" immunity to legislators. What they are talking about is immunity on the floor of the legislative house and immunity from civil matters.
The Nigeria legislatives already have legislative immunity on the floor of the national or state assemblies. If Saraki was in any of those countries mentioned, he would still undergo prosecution for the alleged offenses.

Most of the countries mentioned above practice parliamentary system of government where the prime minister is head of government not the president unlike Nigeria that is presidential form of government so no basis for comparison here.

wirinet:

Thank you my brother, absolutely false information. No country the OP mentioned grants "absolute" immunity to legislators. What they are talking about is immunity on the floor of the legislative house and immunity from civil matters.
The Nigeria legislatives already have legislative immunity on the floor of the national or state assemblies. If Saraki was in any of those countries mentioned, he would still undergo prosecution for the alleged offenses.

which alleged offences are you referring to and where in this thread was Saraki mentioned.Learn to comprehend simple article before you commend.

Dead on Arrival DOA.

Say NO TO IMMUNITY FOR LEGISLATORS.

Vangauard of lies will research on how to protect corrupt politicians but never how to protect the many vulnerable people in our society.. damn shame.

amaechi1:

Has PMB done half of rascality committed by the last administration? A young man was docked yesterday for stealing fowls and most people did not hear it. Because, saraki was docked, the country want to catch fire as if he has two heads.
Let see more of rascality and tyranny against themselves.

Saraki was docked because d TyrantInAsoRock candidate was beaten to the Senate top post, he felt ridiculed by Saraki political prolificness, instead of accepting that this is football you win some, u loose some

He chose to go after him

CCT has Cleary failed

Nxt is forgery case


And you expect Saraki to go to sleep

dechriscool:
which alleged offences are you referring to and where in this thread was Saraki mentioned.Learn to comprehend simple article before you commend.

The alleged offenses are false declaration of assets and falsification of senate rules.

It is obvious that this new clamour for absolute immunity for legislators is all an attempt to prevent Saraki from facing prosecution.

It is you that seem to have comprehension deficit disorder, you posted a highly unrelated article to attempt to justify absolute immunity for Saraki and his colleagues.

wirinet:

The alleged offenses are false declaration of assets and falsification of senate rules.

It is obvious that this new clamour for absolute immunity for legislators is all an attempt to prevent Saraki from facing prosecution.

It is you that seem to have comprehension deficit disorder, you posted a highly unrelated article to attempt to justify absolute immunity for Saraki and his colleagues.

please can you scroll upward to find out the definition I gave regarding legislative immunity according to Nolo's plain law dictionary , my position on legislative immunity and stop hyperventilating around in this thread.No oxygen for you in case you tip into hypoxia

TonyeBarcanista:
Our Democracy is modelled after the United States that doesn't allow immunity for even Governors. Only the President and VP should have immunity from Civil offences.

We say No to Immunity, it is a sure way of promoting impunity.


PS: On checks, the supposed immunity does not extend beyond what is done on the floor of the Parliament. This is also existing in Nigeria.

The article rightly pointed out every immunity in the parliament doesn't extend beyond the floor of the house.But in Nigria context,every activities in the floor has an interference from external forces directly and indirectly.A deviation from the order of the external forces mean anti-party activity and subsequent punishment from the interest group by proxy.

Abegi, you want to add Nigeria to it. Am Not trying to say giving them immunity is bad but it will make our Nigerian politicians worse and monsters. They will commit more grievous crimes without being questioned. No to immunity for them