LEGISLATIVE HOUSES (POWERS AND PRIVILEGES) ACT, 2017

Act · Energy

Policy date: 2017-01-01

An Act defines and protects the powers, privileges, and immunities of the National Assembly and State Houses of Assembly. It targets legislators and individuals involved in legislative proceedings. This promotes effective and independent legislative functions in Nigeria.

LEGISLATIVE HOUSES (POWERS AND PRIVILEGES) ACT, 2017

What Is This Policy?

An Act that defines and protects the powers, privileges, and immunities of the National Assembly and State Houses of Assembly and their members in the exercise of their legislative functions.

Who Does It Target?

Senators and members of the House of Representatives State House of Assembly members Persons summoned to appear before legislative committees Courts and agencies dealing with matters relating to legislative proceedings

What Does It Aim to Achieve?

Protect the constitutional independence of the legislature, define the privileges necessary for free and effective legislative debate, and prescribe consequences for contempt of legislative houses.

Key Features

Freedom of Speech: Members have absolute privilege from civil or criminal proceedings for anything said during legislative debates. Committee Powers: Legislative committees may summon witnesses, receive evidence under oath, and cite persons for contempt. Contempt Provisions: Defines acts that constitute contempt of legislative houses and the consequences. Immunity from Arrest: Members cannot be arrested or detained during proceedings or within a defined period of travel to proceedings.

Current Status

Rollout Stage: Active Coverage: National Assembly and all State Houses of Assembly Beneficiaries: Legislature; democratic governance; rule of law Funding: Federal Government

How to Access

Citizens called to appear before a legislative committee must comply Persons aggrieved by legislative privilege claims must use prescribed legal avenues Application method: Engagement with the National Assembly through official channels.

Important Terms

Legislative privilege does not protect members from prosecution for acts outside the legislature Contempt of a legislative house may result in detention Courts have limited jurisdiction to review internal legislative proceedings

Official Resources

Website: https://www.nass.gov.ng Contact: National Assembly / Office of the Clerk

Legal Framework

The Legislative Houses (Powers and Privileges) Act 2017 is the primary legislation on parliamentary privileges in Nigeria. It derives constitutional authority from Section 60 of the 1999 Constitution, which grants the National Assembly power to regulate its own procedure. The Act aligns with the Commonwealth Parliamentary Association's guidelines on parliamentary privilege, the Inter-Parliamentary Union's Constitution, and comparative parliamentary privilege legislation from Westminster-model parliaments.

Original source: Read the source