Alleged N90bn Poll Cash: Osinbajo Can’t Drop Immunity, Say Ozekhome, Adedipe, And Oluyede

Three 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.

Adedipe said what Osinbajo proposed to do was like seeking to whittle down the constitutional powers attached to the Office of the vice-president.

He said the only way Osinbajo could waive the immunity was to resign from the office of the vice-president.

He, however, warned that if he does that, he might just be playing into the hands of those who actually want him out of office.

The SAN, who described the N90bn allegation as irresponsible and ludicrous, said it was regrettable that Osinbajo was a target of a smear campaign.

He described Osinbajo as one of Nigeria’s best minds and the kind of leader Nigeria needs in the 21st century.

Also disagreeing with Osinbajo, Ozekhome said, “He cannot waive criminal immunity because it was given by the constitution itself. It’s like saying grant me the right to breach the constitution. This has to do with the provisions of Section 308 of the constitution. You cannot waive a constitutional provision which applies to all people occupying that position and not to you alone.”

However, Ozekhome pointed out that though Osinbajo could not be sued by virtue of section 308 of the constitution, he needed not waive his immunity if he wanted to sue someone in defence of his right.

However, another senior lawyer, Mr Ajibola Oluyede, said the immunity was personal right rather than a public right and Osinbajo reserved the prerogative to waive it to stand trial and clear his name if he wished.

Oluyede said, “The idea that the person who occupies the office is powerless to waive the right which accrues to him by reason of his occupation is not correct. The right is not an amorphous right; it does not operate unless somebody occupies the office. It becomes a personal right of the person who assumes that office and not necessarily a public right. It is a personal right and he can waive it. He can say let them prosecute me, so, I can clear my name or that I am willing to commence proceedings against some people and I am willing to submit to any counter-litigation for the purpose of clearing my name for political reason or any other idea that is in consonance with the purpose.

“It will be different if he was trying to do that for the purpose of suing for contractual claim but I think in this case, he is taking that step for the right reason and there is no encumbrance restraining him from exercising that right, which is personal to him.”