The Vice President of Nigeria Yemi Osibanjo has ask for a waive on his immunity in other to instructed legal action against two individuals, Timi Frank and another Katch Ononuju, who have put their names to these odious falsehoods.
The N90bn allegation as irresponsible and ludicrous, it was regrettable that Osinbajo was a target of a smear campaign. Hence Osinbajo is one of Nigeria’s best minds and the kind of leader Nigeria needs in the 21st century. Lagos-based lawyer, Inibehe Effiong said”.
The VP said, i will waive my constitutional immunity to enable the most robust adjudication of these claims of libel and malicious falsehood.”
In his social media page, the Vice President said “In the past few days, a spate of reckless and malicious falsehoods have been peddled in the media against me by a group of malicious individuals.The defamatory and misleading assertions invented by this clique have been making the social media rounds anonymously.”
Timi Frank, a former deputy national publicity secretary of the All Progressives Congress (APC), had alleged that the Federal Inland Revenue Service (FIRS) made N90 billion available to the vice president for election campaign, an allegation that the tax agency has denied.
Frank said he cannot be intimidated by the agency’s threat to sue him, describing the agency’s statements as a “puerile attempt to sweep the main issues in his public statement under the carpet”.
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.
In the constitution of Nigeria, there is no provision of waiver of constitutional immunity. Lawyers across the federation and the country has wondered where the Vice President got that idea off, he himself is a lawyer and a professor of Law, maybe it is a new “technicalities” in the law. Vice President Yemi Osinbajo has been asked by the Peoples Democratic Party (PDP) to resign his position if he really meant that he would waive his immunity to allow a thorough investigation of alleged corruption against him.
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.
“Based on the extant constitutional regime, the vice-president Prof. Yemi Osinbajo, cannot waive his immunity. 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 by the persons to whom the provision is meant to protect.
The former Governor Bola Tinubu decided to waive his immunity to defend a civil claim initiated against him. The Supreme Court barred the then governor of Lagos State from proceeding with the suit.”
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.