CROSS RIVER – LEGISLATIVE HOUSE LAW

You may order a PDF copy of this Law in copyable format by emailing info@lawnigeria.com and lawnigeria@gmail.com. A fee of N1000 apply.

 

 

CROSS RIVER STATE LAWS

CHAPTER L11

LEGISLATIVE HOUSE LAW

ARRANGEMENT OF SECTIONS

PART 1

Preliminary

SECTION

1. Vacation of seat.
2. Use and occupation of the two front benches.
3. Duty of Leader of the House.
4. Whips.
5. Leader of the opposition.
6. Broadcasting debates.

PART 2

Privileges, Immunities and Powers

7. Members not liable to action in certain cases.
8. Freedom from arrest in civil proceedings.
9. Arrest of members on a criminal charge.
10. Restrictions in service of process in House or precincts.
11. Immunities to be enjoyed.
12. Commons Journals to be prima facie evidence in inquiry touching privileges.
13. Persons not liable in damages for acts done under authority of the House.
14. Exclusion of courts, jurisdiction over acts of Speaker or officer.
15. Powers of Speaker to be supplementary to other powers.
16. Privileges to be judicially noticed.

PART 3

Evidence before the House and Committees

17. Power to order attendance of witnesses.
18. Issue and service of summons to attend.
19. Warrant to compel attendance.
20. Examination of witnesses.
21. Privileges of witnesses.
22. Answers not admissible in proceedings.
23. False evidence.
24. Evidence of proceedings in the House or Committee not to be given without leave.

PART 4

Publications

SECTION

25. Matter printed by order of the House to be admitted as evidence.
26. Protection of persons responsible for publications authorised by the House.
27. Publication of extracts of proceedings without malice.

PART 5

Maintenance of Order in the House and Precincts

28. Regulation of admittance of strangers.
29. Person disturbing proceedings may be arrested without warrant.

PART 6

Offences and Contempt of the Legislature

30. Breaches of Privilege.
31. Jurisdiction of High Court.
32. Procedure in the High Court.
33. Conditions precedent to making of application to High Court.
34. Reference of cases to Attorney-General with statements.
35. House’s jurisdiction over offences specified in Part B of First Schedule.
36. Punishment which House may impose.
37. Suspended member excluded from Chamber and precincts.
38. Powers of arrest for carrying out punishment.
39. Saving for civil actions.
40. Limitation of power of punishment of person by House.

PART 7

Salaries and Allowances

41. Salaries of the Speaker and certain members of the House.
42. Charging of certain salaries on Consolidated Revenue Fund and provision against duplication of salaries.
43. Allowances.
44. Persons to whom salary payable not precluded from sitting for that reason.

PART 8

Miscellaneous

45. Powers of Speaker to be supplementary to powers otherwise conferred.
46. Notification of arrest of members.
47. Courts not to exercise jurisdiction over acts of Speaker or officer.
48. Interpretation.
49. Short title.

SCHEDULES

FIRST SCHEDULE

Offences

SECOND SCHEDULE

Omitted

 

CHAPTER L11

LEGISLATIVE HOUSE LAW

A Law to make provision for the Legislative House of Cross River State: To declare and define the Privileges and Immunities and Powers of the Legislative House and of the members thereof: To secure freedom of speech in the Legislative House: To regulate the Conduct of Members and other Persons in connection with the proceedings thereof: To regulate Admittance to the Precincts of the Legislative Chambers: To give Protection to Persons employed in the Publications of the reports and Order Papers in the Legislative House and for purposes incidental to or connected with the Matters aforesaid.

(1st April, 1965)

[Commencement]

PART 1

Preliminary

1. Vacation of seat

Where a member of the House of Assembly is absent from two consecutive meetings of the House without leave given in writing under the hand of the Speaker and has failed to obtain such leave within one month from the end of the second meeting, then and in such case, the seat of such member shall become vacant.

2. Use and occupation of the two front benches

The seating arrangement in regard to the two front benches of the House of Assembly shall be as follows—

(a)     the front bench as far as the centre gangway on the right of the Speaker which is to be officially known and called the Treasury Bench shall be occupied by Commissioners and other members of the Government;

(b)     the other front bench shall be occupied by the Leader and other members of the Opposition.

3. Duty of the Leader of the House

The duty of the Leader of the House shall include the following—

(a)     to suggest and fix the course of all principal matters of the business of the House;

(b)     to supervise and keep in harmony the actions of his colleagues;

(c)     to take the initiative in matters of ceremonial procedure;

(d)     to advise the House in every difficulty as it arises.

4. Whips

(1)     The House may appoint a Chief Whip, who shall be responsible to the Leader of the House for the organisation of government business, and Whips to assist the House Chief Whip.

(2)     The office of a Whip or of the Chief Whip shall become vacant—

(a)     if he ceases to be a member of the Legislative House otherwise than by reason of a dissolution of that House;

(b)     if the office of Speaker becomes vacant; or

(c)     if the Speaker so directs.

5. Leader of the Opposition

(1)     The Leader of the Opposition shall be that elected member of the House who is for the time being the leader of the party in opposition to the Government having the greatest numerical strength in the House.

(2)     Any question, as to which party in opposition has the greatest numerical strength in the House or as to who is the Leader in the House of such Party, shall be determined by the Speaker whose decision is final.

(3)     The Leader of the Opposition shall be paid a salary of not less than fifteen hundred naira a year in addition to his salary as a member of the House and to any allowances lawfully receivable by him as such member.

6. Broadcasting debates

The President or Speaker may permit the broadcasting of the debates of the House.

PART 2

Privileges, Immunities and Powers

7. Members not liable to action in certain cases

A member is not liable to any civil or criminal proceedings, arrest, imprisonment or damages—

(a)     in respect of words spoken before a Legislative House;

(b)     in respect of any matter or thing which he may have said in the House; or

(c)     by reason of any matter or thing which he may have brought before the House by petition, bill, resolution, motion or otherwise.

8. Freedom from arrest in civil proceedings

Except for a contravention of this Law, a member is not liable to arrest, detention, or molestation in respect of—

(a)     a 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 a meeting or sitting of a Legislative House.

9. Arrest of members on a criminal charge

Notwithstanding anything in any written law a member of a Legislative House shall not be arrested on a criminal charge within the Chamber or precincts of the House while the House is sitting without the leave of the House being first obtained.

10. Restrictions in service of process in House or precincts

Notwithstanding anything in any written law—

(a)     process issued by a court in the exercise of its civil jurisdiction shall not be served or executed within the Chamber or precincts of the House whilst the House is sitting or through the Speaker or an officer of the House;

(b)     a process issued by a court in the exercise of its criminal jurisdiction shall not be executed or served within the Chamber or precincts of the House whilst it is sitting without the leave of the House being first obtained.

11. Immunities to be enjoyed

The Legislative House and the members thereof shall hold, enjoy and exercise the privileges, immunities and powers conferred by this Law, the Constitution of the Federal Republic of Nigeria and any other Law in force.

12. Commons Journals to be prima facie evidence in inquiry touching privileges

Subject to the provisions of this Law a copy of the proceedings of that House or of a report of any committee of that House, which has been or purports to have been printed by the order of or by the printer of the said House shall be recovered as prima facie evidence without proof of its being such copy upon an inquiry touching the privileges, immunities and powers of the House or members thereof.

13. Persons not liable in damages for acts done under authority of the House

A person shall not be liable in damages or otherwise for an act done under the authority of the House within its legal powers.

14. Exclusion of courts, jurisdiction over acts of Speaker or officer

The Speaker or an officer of the House is not subject to the jurisdiction of a court in respect of the exercise of a power conferred upon or vested in him by or under this Law or by Standing Orders or by the Constitution of the State.

15. Powers of Speaker to be supplementary to other powers

The powers of the Speaker conferred by this Law are supplementary to any powers conferred on him by the Constitution of the State or by Standing Orders.

16. Privileges to be judicially noticed

All privileges, immunities and powers of the Legislative House are part of the general and public law of State and shall be judicially noticed in all courts of the State.

PART 3

Evidence before the House and Committees

17. Power to order attendance of witnesses

The House or Committee authorised by Standing Orders or by order of the House to send for persons, papers and records, may order a person to attend before it and—

(a)     to give evidence; or

(b)     to produce any paper, book, record or other document in his possession or control.

18. Issue and service of summons to attend

(1)     An order to attend to give evidence or to produce documents before the House or Committee in accordance with section 17, shall be given to the person required to attend or to produce documents by a summons under the hand of the Clerk issued by the direction of the Speaker, or Chairman of the Committee.

(2)     A summons issued under this section shall state 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 17, the documents he is required to produce.

(3)     Subject to subsection (5) a summons shall be served on the person mentioned therein by delivering to him a copy thereof and there shall be paid or tendered to him such sum for expenses as may be authorised by Standing Orders.

(4)     A summons may be served by an officer of a Legislative 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 exhibiting a notice of the summons at the usual or last known place of abode or business of the person to be served.

19. Warrant to compel attendance

(1)     If a person to whom a summons under section 17 is directed does not attend before the House or Committee (as the case may be) at the time and place mentioned therein, the Speaker 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 House or 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 a person under this section may, if he thinks fit, by endorsement 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 Committee as may be required in the endorsement.

20. Examination of witnesses

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

21. Privileges of witnesses

(1)     Subject to the provisions of this section, a person summoned to attend, to give evidence or to produce any paper, book, record or other document before the House or a Committee 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 Speaker a public officer shall not be required—

(a)     to produce before the House or a Committee any paper, book, record or other document; or

(b)     to give before the House or a Committee evidence on a 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 the Federation or to relate to any affairs of State within the authority of the Government of the Federation.

(3)     Except with the consent of the Governor of the State concerned a public officer shall not be required—

(a)     to produce before the House or a Committee any paper, book, record or other document; or

(b)     to give before the House or a Committee 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 a person ordered to attend or produce any paper, book, record or document before the House or a 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 matter of the 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.

22. Answers not admissible in proceedings

Except in the case of criminal proceedings for an offence against section 101 of the Criminal Code or an offence against this Law, an answer given by a person to a question put by the House or a committee shall not in any proceedings, civil or criminal, be admissible in evidence against him.

23. False evidence

(1)     A person who knowingly gives false evidence before the House or a Committee 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 to the punishment prescribed therefor by that Code;

(b)     if the answer was given otherwise than on oath, be guilty of an offence: Penalty: imprisonment for twelve months.

(2)     A prosecution for an offence under this section shall not be instituted except by or with the consent of the Attorney-General.

 

24. Evidence of proceedings in the House or Committee not to be given without leave

(1)     A member or officer of the House or a shorthand writer employed to take minutes of evidence before the House or any committee shall not give evidence elsewhere in respect of the contents of such evidence of or the contents of any manuscript or document laid before the House or any committee 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.

(2)     Notwithstanding anything contained in any other section or in 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 Printer and certified by the Clerk shall be admitted as evidence of the minutes or votes or proceedings of the House and such a copy shall be conclusive evidence of the minutes or votes or proceedings of the House, but it shall not be produced in any court of law unless with the special leave of the House first had and obtained.

PART 4

Publications

25. Matter printed by order of the House to be admitted as evidence

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

26. Protection of persons responsible for publications authorised by the House

A person, being a defendant in any civil or criminal proceedings instituted for or on account or in respect of the publication by that person or by his servant, by order or under the authority of the House or a 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 the civil or criminal proceedings are being held a certificate under the hand of the Speaker or of the Clerk stating that the report, papers, minutes, votes or proceedings in respect whereof the 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 a committee, and the court shall thereupon immediately stay the civil or criminal proceedings and the same and every process issued therein shall be deemed to be finally determined.

27. Publication of extracts of proceedings without malice

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

PART 5

Maintenance of Order in the House and Precincts

28. Regulation of admittance of strangers

(1)     A stranger shall not be entitled, as of right, to enter or to remain within the House or its precincts.

(2)     The Speaker may issue orders 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 a stranger to withdraw from the House or its precincts.

29. Person disturbing proceedings may be arrested without warrant

(1)     A person creating or joining in any disturbance in the House or in the precincts during its actual sitting may be 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 he should be punished for an offence under Part 6, but such a person shall not 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 an order given under subsection (1).

PART 6

Offences and Contempt of the Legislature

30. Breaches of privileges

(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.

[The Schedule]

(2)     Each of the acts or omissions specified in Part B of the Schedule is hereby declared to be 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.

31. Jurisdiction of High Court

(1)     Upon application made to the High Court in that behalf by 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 hundred naira or to both such imprisonment and fine.

(2)     The jurisdiction conferred on the High Court by 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.

32. Procedure in the High Court

(1)     The proceedings and the procedure to be followed upon an application to the High Court under section 31 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 documents or otherwise, as the court may in the exercise of its ordinary jurisdiction.

(2)     The powers to make rules of court conferred by section 84 of the High Court Law shall extend to the making and approval of rules of court prescribing the practice and procedure of the court in proceedings under this Part.

33. Conditions for application to High Court

(1)     An application under section 31 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.

(2)     The making of an application under section 31 by the Attorney-General in any case shall constitute conclusive evidence that the application has been duly made in accordance with the preceding provisions of this section.

34. Reference of cases to Attorney-General with statements

(1)     For 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) 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 any time after the case has been referred to the Attorney-General, if the Speaker considers it necessary, whether of his own motion or at the request of the Attorney-General.

(3)     The provisions of sections 17 to 20 inclusive shall apply in all respects for the purpose of enabling statements to be recorded under subsection (2) 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) 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 21 to 23 inclusive shall apply to and in relation to any evidence given for the purposes of subsection (2).

(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) in relation to that offence.

(6)     Where a case is referred under subsection (1) to the Attorney-General for report, the record of all statements taken under subsection (2) shall be transmitted to the Attorney- General, and the Attorney-General shall, after consideration of those statements, report to the Speaker stating whether, there is, in the opinion of the Attorney-General, sufficient evidence, to warrant the taking of further steps under this Law in respect of an alleged offence under this Part; and such report shall contain, for the information of the House, a summary of the facts which in the opinion of the Attorney-General, are capable of being proved upon the evidence contained in the statements.

35. House’s jurisdiction over offences specified in Part B of First Schedule

(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 First Schedule which is committed in respect of or in relation to the House by any member or any other person.

(2)     The House shall not 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 34 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 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 31.

36. Punishment which the 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 President or 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) order his suspension from the service of the House for which 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.

37. 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.

38. Powers of 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 36 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.

39. 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 or 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 or omission.

40. Limitation of power of punishment of person 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 36 of this Law.

PART 7

Salaries and Allowances

41. Salaries of the Speaker and certain members of the House

The salaries and allowances of members of the House shall be paid as specified in the Public Officers Remuneration Package Law.

42. Charging of certain salaries on Consolidated Revenue Fund and provision against duplication of salaries

(1)     The salaries payable to the members of the House are—

(a)     a charge on the Consolidated Revenue Fund; and

(b)     payable by the Accountant-General on receipt of a warrant, under the hand of the Commissioner of Finance, directing payment.

(2)     Save as provided in section 5, a person to whom a salary is payable under this Law shall receive only one salary under this Law.

43. Allowances

It shall be lawful for a person entitled to a salary under this Law to receive such allowances as shall be granted from time to time by the House to such a person.

44. Persons to whom salary payable not precluded from sitting for that reason

A person to whom a salary is payable under this Law shall not, by reason of his being the holder of the office in respect of which such a salary is payable, be incapable of being elected or of sitting and voting as a member of the House.

45. Powers of Speaker to be supplementary to powers otherwise conferred

The powers of the Speaker conferred by this Law shall be supplementary to any powers conferred on him by the constitution or by Standing Orders.

46. 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.

47. 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.

48. Interpretation

In this Law—

“Chamber” in relation to a Legislative House, means the place in which the Legislative House sits in session for the transaction of business;

“Clerk” means the Clerk to the State House of Assembly;

“Committee” means a standing, select or special committee of the House of Assembly;

“Legislative House” or “House” means the State House of Assembly;

“meeting” means any sitting or sittings of the House commencing upon the time the House first meets after being summoned at any time and terminating when it was first adjourned sine die or at the conclusion of a session;

“member” means a member of a Legislative House;

“officer” in relation to a Legislative House, means the Clerk or any other office or person acting within the Chamber of the Legislative House or the precincts thereof under the orders of the President or Speaker and any public officer on duty within the precincts of the House;

“precincts” means the offices of a Legislative House and the galleries and places provided for the use of accommodation of strangers, members of the public and representatives of press and, while a Legislative House is sitting and subject to any exceptions made by the Speaker, the entire building in which the Chamber of the House is situated and any forecourt, yard, garden, enclosure or open space adjoining or appertaining to that building and used or provided for the purposes of the House;

“Speaker” means the Speaker of the House of Assembly;

“Standing Orders” means the Standing Orders of a Legislative House;

“stranger” in relation to a Legislative House, means a person who is not a member or officer of that House.

49. Short title

This Law may be cited as the Legislative House Law.

SCHEDULE

[Part 6]

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 pending 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. Willfully publishing any false or perverted report of any debate or proceedings of the House or a committee or willfully misrepresenting any speech made by a member in the House or committee.
6. Willfully 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 Printer 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 willful failure or refusal to obey any order or resolution of the House under this Law, or any order of the President or Speaker or any member which is duly made under this Law.
2. Willful 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 21.
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 21.
4. Assaulting, insulting or willfully interfering with any member in the House or in committee or in the precincts of the House.
5. Assaulting or resisting or willfully 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 abetment of any act or omission specified in any of the proceeding paragraphs.

CHAPTER L11

LEGISLATIVE HOUSE LAW

SUBSIDIARY LEGISLATION

No Subsidiary Legislation