Mr Realwan Okpanachi, a
constitutional lawyer in Abuja, says Vice President Yemi Osinbajo, cannot waive
his immunity.
The legal practitioner told NAN
on Monday in Abuja that the only effective way Osinbajo could waive his
immunity, “if he sincerely desires to do so is to resign from his position as
vice president.”
“He cannot remain in office and
waive his immunity as the immunity is attached to that office and not his
person,” the lawyer said.
Okpanachi was reacting to the
statement credited to the vice president that he would waive his constitutional
immunity to clear his name over the N90 billion he allegedly received from
Federal Inland Revenue Service (FIRS).
The lawyer said that Section 308
of the Constitution, which raises arguments in some quarters that the vice
president could not institute any case in his name no longer represent the
position of the law.
He said the case of I.B.M.
Securities Plc. Vs Ahmed Bola Tinubu as decided by the Supreme Court being
relied upon by those holding such opinion was no longer tenable.
“The current position of the law
as expressed by the Supreme Court in the case of Global Excellence
Communications Ltd. &Ors.Vs Mr Donald Duke (2007) LPELR-1323(SC).
“The apex court held that had the
legislature intended to prohibit any of the holders of the offices listed in
section 308(1) of the constitution from instituting cases in the names in their
tenure.
“They would have expressly stated
it, and that, since there was no such express provisions, then they are
entitled to institute court case during their tenure,’’ Okpanachi said.
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