Nikom says he will sue if NLA proceeds with impeachment

A FORMER Parliament vice-president yesterday threatened to take legal action against the National Legislative Assembly (NLA) if it went ahead with moves to have him impeached. 

Nikom Wairatpanich called on the NLA to be cautious and follow legal technicalities when launching an impeachment case against him and former Parliament president Somsak Kiatsuranon. The two impeachment cases are to be forwarded to the NLA by the National Anti-Corruption Commission (NACC).

“The NLA’s decision [to impeach us] will set the standard for other impeachment cases in the future. If the NLA pursues the impeachment case against me, I will take the case to court to find out if NLA’s action is lawful or not in order to protect elected politicians in the future,” Nikom said. 

He argued that cases submitted by the NACC were based on the previous Constitution, which was torn up by the National Council for Peace and Order (NCPO).

The NACC on Tuesday decided to go ahead with pursuing impeachment cases against politicians, including former premier Yingluck Shinawatra, and said it would forward these cases to the NLA for consideration. 

The anti-graft body cited its authority based on Article 64 of the Corruption Act and the 2014 provisional charter, which states that the NLA acts as the Senate as well as the House of Representatives.

The NACC had earlier forwarded recommendations for the impeachment of Somsak and Nikom to the Senate before it was dissolved after the May 22 coup. The pair was found guilty of violating the Constitution by pushing for a charter amendment on the make-up of the Senate. 

Meanwhile, there appeared to be some discord among NLA members over whether or not they have the authority to consider impeachment cases. 

NLA President Pornpetch Vichitcholachai yesterday admitted that the NLA’s authority to impeach politicians was still under dispute, but said this contention should finally be resolved at an NLA meeting. 

Pornpetch said the revocation of the 2007 Constitution had caused confusion over whether the NLA had the authority to impeach politicians. However, he said, the NLA has yet to receive the impeachment cases against Somsak and Nikom from the NACC. 

NLA member Thaweesak Suthaka-vathin also expressed concerns on this issue, saying the NLA needs to exercise its powers according to law and not based on members’ prejudices. 

Somchai Sawangkarn, another NLA member, said he did not think the dispute would be handed over to the Constitutional Court for review as some have suggested, because it was an internal affair of the NLA. 

He said Article 5 of the 2014 Provisional Constitution states that in cases where questions related to the internal affairs of the NLA arise, they would be decided by the assembly itself. However, if the issue is beyond the jurisdiction of the NLA, the NCPO, the Council of Ministers, the Supreme Court or Supreme Administrative Court may ask the Constitutional Court to make a decision. 

Section 5. In the case where the question concerning the decision under paragraph one arises in the affairs of the National Legislative Assembly, it shall be decided by the National Legislative Assembly. If the question does not arise in the affairs of the National Legislative Assembly, the National Council for Peace and Order, the Council of Ministers, the Supreme Court or the Supreme Administrative Court may request the Constitutional Court to make decision thereon, but the request of the Supreme Court or the Supreme Administrative Court shall be approved by the plenary session of the Supreme Court or the Supreme Administrative Court and on the matter related to the trial and adjudication of cases.