₦airaland Forum

Vice President, Yemi Osinbajo, has been told that he lacks the power to waive the constitutional immunity which he enjoys as privilege attached to his office.

Constitutionally, legal actions cannot be instituted against the president, his vice, state governors alongside their deputy. This is one of the rights they are entitled to for being in office.

Although those holding the above-mentioned positions can be probed, they, however, cannot be prosecuted while in office.

Mr Osinbajo while reacting to corruption allegations levelled against him, stated his readiness to waive away his immunity and allow for proper investigation into the assertion.

Some Nigerians are opining that the vice president lacks power to do so. One of them, a legal practitioner, has said the number two citizen cannot constitutionally waive his immunity while still in office.

“Based on the extant constitutional regime, the Vice President Prof. Osinbajo, cannot waive his immunity,” said Inibehe Effiong.

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The lawyer quoted some legal judgement to back up his claim.

“The Supreme Court decided in 2001 in the case of Tinubu v. I. M. B. Securities Plc that the constitutional immunity under Section 308 of the Constitution cannot be waived.

“In the said Tinubu’s case, former governor Bola Ahmed Tinubu decided to waive his immunity to defend a civil claim initiated against him. The Supreme Court barred the then gov of Lagos State from proceeding with the suit,” the lawyer added.

Mr Effiong however said the vice president has the right to sue for defamation of character.

“While legal proceedings cannot be initiated against him, the Courts have decided in several cases that immunity 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.

“Finally, I wish to state that the immunity under Section 308 of the Constitution does not extern 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. IGP.

“Provided the investigation does not result in the arrest or detention of the VP or compelling his appearance, he can be investigated,” he added.

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The lawyer said he views the decision of the vice president to waive his immunity as political.

“Osinbajo’s statement is political. Immunity does not cover investigation, therefore the question of waiver does not arise in the circumstance,” Effiong said.

Source: https://todaypoliticsng.com/as-vice-president-you-cant-waive-your-immunity-lawyer-tells-osinbajo/

lalasticlala

The Prof. Should have known of this based on the case stated as precedence. I'm sure he was the then AG of Lagos State.

What you're trying to say is that he should resign and give way for investigation?

Cabals at work.

Let him be chest beating. Instead of him to ignore the allegation,he's bragging to waive the immunity he can't waive.

He should resign and test his popularity. If he wont be forgotten in a jiffy like Namadi Sambo.

All these half baked Affidavit leaders. he doesn't know he can't waive it? what did they teach him in law school sef. I am beginning to question his certificate. Buhari and Osinbajo cert is questionable, no wonder a Cameroonian wants to rule Nigeria

I thought Osibanjo is a lawyer. He should know all these...
or is he a lawyer by affidavit.
or is it by forgery (Oluwole)

Haha

Osibanjo is a foo.lish for wanting to waive his immunity. The cabals do not give a fvck about his ranting. All they want is to remove him.

Buhari has been committing impeachable offence, didn't the cabals give a deaf ear to him?

I laugh at those that Muslim/Muslim ticket won't work when they finally remove Osibanjo. Buhari/Abba Kyari don't know law.

So Star boy Osunbade did not learn that one in law school??

VP Acedemic sef

tell him.


osinbajo na charge and bail lawyer

Same

You guys should read kperogi's take on the issue.

Sometimes a man's purpose in a woman's life is to help her become a better woman for another man.

A professor of law, attempting to play on our intelligence........

Emotions never score points.........

It is time for Ipobians to come and wail.

Osibanjo Star boy

Oga boss, hope af heard?

CHECK MY SIGNATURE NOW

Trying to be clever by half

Go and read on rights and privileges.. Immunity is a privilege, its something that someone is lucky to have, but can do without it..

A privilege is given me to fly with the President
Are you telling me that i cannot waive it and proceed to journey by road ?

Osinbajo is a SAN and a professor of law, he was lagos state attorney gen when The case sited happened, so he must know his immunity cannot be waived.

......makes me wonder if all this was posturing and there is fire behind the smoke.

Born2Breed:
Let him be chest beating. Instead of him to ignore the allegation,he's bragging to waive the immunity he can't waive.

He should resign and test his popularity. If he wont be forgotten in a jiffy like Namadi Sambo.

Bro thanks for reminding me we once had a VP Namadi Sambo!!!

Nigerians can forget People eeh!

He can resign na �

Okay

The lawyer had inadvertently advised him on what to do...

"Resign and prove your innocence if you've got the balls"

emmymdk:
Bro thanks for reminding me we once had a VP Namadi Sambo!!!

Nigerians can forget People eeh!

if you didnt do anything in office, people will forget you

Pastor Trader moni on beat.

So a SAN VP of Osinbajo status does not know this? Just initial garagara.

I'm very sure osinbajo knows this, he just dey act film to gather sympathy from his zombie followers.
Very useless constitution by the way