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As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo - Politics - Nairaland

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As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by Calculating: 5:10pm On Sep 26, 2019
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

4 Likes

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by daddytime(m): 5:11pm On Sep 26, 2019
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.

44 Likes 2 Shares

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by Calculating: 5:14pm On Sep 26, 2019
cheesy

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

Cabals at work.

41 Likes 1 Share

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by Born2Breed(f): 5:17pm On Sep 26, 2019
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.

108 Likes 9 Shares

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by dukeprince50: 5:19pm On Sep 26, 2019
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

47 Likes 6 Shares

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by Nobody: 5:20pm On Sep 26, 2019
I thought Osibanjo is a lawyer. He should know all these...
or is he a lawyer by affidavit.
or is it by forgery (Oluwole)

81 Likes 3 Shares

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by Nobody: 5:59pm On Sep 26, 2019
Haha

2 Likes 1 Share

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by Citytrend: 5:59pm On Sep 26, 2019
Please ask the Civilised Countries stop deceiving yourself sir. By the way we are not even using our own Constitution. If it was in the a civilized country, Osibanjo do be a gunner by now.

Anyway, l will Build a Professional Logo for your Product or Company For 2k Only. Offer valid today only. See my info below to Chat me up on WhatsAp

2 Likes

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by Nwaohafia1: 5:59pm On Sep 26, 2019
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.

10 Likes

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by Barondenigeria: 5:59pm On Sep 26, 2019
cheesy
So Star boy Osunbade did not learn that one in law school??

17 Likes

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by lilfreezy: 6:00pm On Sep 26, 2019
VP Acedemic sef undecided

13 Likes

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by gabazin080(m): 6:01pm On Sep 26, 2019
tell him.


osinbajo na charge and bail lawyer

11 Likes

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by Nobody: 6:01pm On Sep 26, 2019
Same
Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by Bbbwings: 6:01pm On Sep 26, 2019
You guys should read kperogi's take on the issue.

1 Like

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by gabazin080(m): 6:02pm On Sep 26, 2019
Sometimes a man's purpose in a woman's life is to help her become a better woman for another man.

11 Likes 1 Share

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by Lexusgs430: 6:02pm On Sep 26, 2019
A professor of law, attempting to play on our intelligence........ grin

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

37 Likes 2 Shares

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by sogodihno: 6:03pm On Sep 26, 2019
It is time for Ipobians to come and wail.

Osibanjo Star boy

3 Likes

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by SolarHub(m): 6:04pm On Sep 26, 2019
Oga boss, hope af heard?

CHECK MY SIGNATURE NOW

1 Like

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by TotoNaRubber: 6:04pm On Sep 26, 2019

Osibanjo is a lawyer yet he doesn't know the law. What a country where a graduate who studied Electrical Engineering at the University for 4 years cannot change ordinary electric bulb let alone a lawyer who is not articulated with the law.

10 Likes

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by HIGHESTPOPORI(m): 6:05pm On Sep 26, 2019
Trying to be clever by half

9 Likes 1 Share

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by Lastorator: 6:05pm On Sep 26, 2019
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 ?

5 Likes 1 Share

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by Nobody: 6:05pm On Sep 26, 2019
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.

26 Likes 1 Share

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by emmymdk: 6:06pm On Sep 26, 2019
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!

8 Likes

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by baratech: 6:06pm On Sep 26, 2019
He can resign na �

1 Like

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by johnkay1(m): 6:06pm On Sep 26, 2019
Okay
Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by AmazingELixir: 6:07pm On Sep 26, 2019
grin

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

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

8 Likes

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by Nobody: 6:07pm On Sep 26, 2019
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

3 Likes

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by sean079: 6:08pm On Sep 26, 2019
Pastor Trader moni on beat.

9 Likes

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by Racoon(m): 6:08pm On Sep 26, 2019
So a SAN VP of Osinbajo status does not know this? Just initial garagara.

4 Likes

Re: As Vice President You Can’t Waive Your Immunity, Lawyer Tells Osinbajo by FuckDaMods: 6:09pm On Sep 26, 2019
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 angry

9 Likes

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