N90bn poll cash: VP Osinbajo can’t drop immunity -SANs

Four senior lawyers on Thursday said Vice-President Osinbajo could not elect to waive his immunity because it was not about him but about the office of the vice-president, which he occupies.

A Lagos-based lawyer, Inibehe Effiong, says vice-president Yemi Osinbajo lacks the constitutional power to waive his immunity.

Effiong said this in a statement while reacting to Osinbajo’s vow to waive his constitutional immunity to pave the way for the “most robust adjudication” over an allegation that he took N90bn from the Federal Inland Revenue Service to fund the 2019 general elections.

The lawyer said the Supreme Court had ruled in the matter of Bola Tinubu vs I.M.B Securities Plc that a person holding any of the executive offices that has immunity cannot waive it.

The lawyer noted that immunity does not cover one from investigation, adding that there was no need for one to waive immunity in order to be probed by a law enforcement agency.

Effiong noted, “I wish to state that the immunity under Section 308 of the Constitution does not extend to criminal investigation by law enforcement agencies. This was the position taken by the Supreme Court in 2002 in the celebrated case of Chief Gani Fawehinmi v. Inspector General of Police.

Effiong, however, said although Osinbajo could not be sued, he had the power to sue for defamation.

He said the law empowers anyone holding such an office to be able to sue to certain extent.

The lawyer stated, “However, it should be noted that notwithstanding the immunity clause, the vice-president has the right to sue for defamation of character. While legal proceedings cannot be initiated against him, the Supreme Court and the Court of Appeal have decided in several cases that the immunity clause does not prevent the beneficiaries from suing for defamation of character.

“In other words, Prof. Osinbajo can sue but cannot be sued. This was the position taken by the Supreme Court in 2007 in the case of Global Excellence Communications Ltd. V. Donald Duke.”

The statement of Prof. Osinbajo is political. Immunity does not cover investigation therefore the question of waiver does not arise in the circumstance.

Two Senior Advocates of Nigeria, Chief Ifedayo Adedipe and Chief Mike Ozekhome, said Osinbajo could not elect to waive his immunity because it was not about him but about the office of the vice-president, which he occupies.

Adedipe said what Osinbajo proposed to do was like seeking to whittle down the constitutional powers attached to the Office of the vice-president.

He said the only way Osinbajo could waive the immunity was to resign from the office of the vice-president.

He, however, warned that if he does that, he might just be playing into the hands of those who actually want him out of office.

The SAN, who described the N90bn allegation as irresponsible and ludicrous, said it was regrettable that Osinbajo was a target of a smear campaign.

He described Osinbajo as one of Nigeria’s best minds and the kind of leader Nigeria needs in the 21st century.

Also disagreeing with Osinbajo, Ozekhome said, “He cannot waive criminal immunity because it was given by the constitution itself. It’s like saying grant me the right to breach the constitution. This has to do with the provisions of Section 308 of the constitution. You cannot waive a constitutional provision which applies to all people occupying that position and not to you alone.”

However, Ozekhome pointed out that though Osinbajo could not be sued by virtue of section 308 of the constitution, he needed not waive his immunity if he wanted to sue someone in defence of his right.

 However, another senior lawyer, Mr Ajibola Oluyede, said the immunity was personal right rather than a public right and Osinbajo reserved the prerogative to waive it to stand trial and clear his name if he wished. (Punch)