Inibehe Effiong, a lawyer, says
Vice-President Yemi Osinbajo does not need to waive his immunity for him to be
investigated.
On Wednesday, the vice-president
said he will waive his constitutional immunity so he could be investigated.
Osinbajo’s reaction came after
Timi Frank, a former deputy national publicity secretary of the All
Progressives Congress (APC), alleged that the Federal Inland Revenue Service
(FIRS) made N90 billion available to the vice-president for election campaign.
In a series of tweets, Osinbajo,
who has threatened take legal action against Frank, said: “I will waive my
constitutional immunity to enable the most robust adjudication of these claims
of libel and malicious falsehood.”
Reacting, Effiong argued that
based on constitutional provisions, Osinbajo cannot waive his immunity, but
that he can be investigated.
“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,” he explained in a series of tweets.
“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 governor
of Lagos State from proceeding with the suit.”
Effiong said the vice-president
has the right to sue for defamation of character, and that 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 beneficiary 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.”
He also said 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,” he said.
“Provided the investigation does
not result in the arrest or detention of the Vice President or compelling his
appearance, he can be investigated.
“The statement of Prof. Osinbajo
is political. Immunity does not cover investigation therefore the question of
waiver does not arise in the circumstance.”
Section 308 of the 1999
constitution states that no process of any court requiring or compelling the
appearance of the vice-president to whom this section applies, shall be applied
for or issued.
It, however, adds that these
provisions “shall not apply to civil proceedings against a person to whom this
section applies in his official capacity or to civil or criminal proceedings in
which such a person is only a nominal party.”
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