I.O. Omoruyi

In every democratic society where legislative powers are vested in a group of persons, there usually exist certain rules which must be in place for effective and meaningful deliberation and functioning. Certain other established rules of law are sometimes waived so that this goal can be achieved. Specifically, the law on defamation is affected by reason of the fact that legislators cannot effectively carry out their legislative, supervisory and investigative functions without the danger of breaching this aspect of our laws. In Nigeria the various State Houses of Assembly and the National Assembly have been empowered by law to carry out their functions in an atmosphere devoid of harassment and intimidation. The basis and extent of this protection is the subject of our discourse in this paper. In doing this we have looked at the relevant laws as well as the position in some other jurisdictions. The necessity for this article is borne out of the fact that in recent times some legislators seem to have formed an exaggerated impression of their position based on the provisions of the relevant statutes. Our aim is to reveal the correct position as revealed in the constitution and the relevant cases. Finally we shall proffer suggestions for reforms.