Parliamentary immunity
One of the arguments for making elections to the Russian Duma completely proportional was that corrupt local bosses were getting elected to the Duma from single member districts. Then, as legislators, they were protected from prosecution by legislative immunity.The proportional system, it is argued, will make parties responsible for the people they select to fill the seats they win in the Duma. This will make it less likely that corrupt politicians will be protected in the legislature. Can your students paraphrase that argument? Can they critique it?
In a complex, and probably illegal maneuver in the Nigerian state of Abia (bordering Cameroon), a couple of local bosses seem to be playing a similar game with immunity granted to elected officials.
Do your students know about the origins and rationales for legislative immunity? What suggestions would they make for changes to prevent a misuse of the protection offered?
Here's an introduction from the BBC.
Nigeria state handover 'corrupt'
"Nigeria's justice minister has condemned as 'unconstitutional' the early handover of power in Abia State between two men accused of corruption.
"Theodore Orji won last month's elections for state governor, even though he was in police custody...
"Outgoing governor Uzor Orji Kalu - who has also been suspected of corruption - stepped down early and has reportedly fled the country...
"Mr Orji was sworn in at the Abia State liaison office in the commercial capital, Lagos, hours after he was freed on bail.
"He then flew to Abia state with Mr Kalu, no relation, where they were greeted by thousands of cheering supporters.
"Mr Kalu then reportedly returned to Lagos and flew out of the country...
"Justice Minister Bayo Ojo said Mr Kalu was free to resign but could not hand over power to Mr Orji.
"The government "condemns the flagrant violation of the constitution by former Governor Orji Uzor Kalu and his co-conspirators," he told Nigeria's ThisDay newspaper...
"The EFCC [Nigeria's anti-corruption agency] has said it wants to investigate more than half of Nigeria's governors on corruption charges.
"It has warned that several could seek to leave the country before their mandates, and immunity from prosecution, expires on Tuesday..."
Another account from This Day (Lagos): Theodore Orji's Swearing-in Unconstitutional, Says Ojo
See also:
- A definition of legislative immunity and some case law from the National Conference of State Legislatures
- Constitutional Implications of Excluding Congress from Federal Laws from the U.S. House of Representatives
- Expunge, Excise & Repeal Immunity Clause Now!, an editorial advocating the repeal of the constitutional immunity clause in Nigeria
- Perks and Privileges for Russian MPs from Perspective
- British Parliament on "Parliamentary Privilege"
- The Australian Attorney-General's Office on the history of "Parliamentary Privilege"
- The Royal "History of the Monarchy" from the UK on the origins of Parliamentary privilege
- A Review of Parliamentary Privilege with an Approach to Iranian Legal System by Seyed Doraid Mousavi Mojab
Labels: concepts, legislature, Nigeria
posted by Ken Wedding @ 7:15 AM
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