The Vice President of Federal Republic of Nigeria tweeted on his
official handle that he will waive his Constitutional Immunity to
be investigated however, the question that begs for answer is does
investigation of officers enumerated under section 308 of the fons
Juris of our land needs waiver of constitutional immunity?
It was posited in the case of Gani Fawehinmi v. IGP (2002) 8 SCM
77 that although a governor enjoys immunity from arrest and
prosecution, he doesn’t enjoy immunity from investigation. It is
evident that the Inspector General of Police (IGP), the Economic
and Financial Crimes Commission (EFCC), the Independent Corrupt
Practices Commission (ICPC) among others which are empowered to
investigate are empowered by law to perform investigations on
persons conferred with immunity clause without the waiver of such
immunity.
Assuming but not conceding that immunity has to be waived before
a public officer under section 308 of our constitution can be
investigated, the supreme court has laid same to rest in Tinubu v.
I.M.B Securities(SC 32/2001) [2001] 10 where Per
Karibi-White(JSC)as he then was held that immunity granted by
section 308(1) of the 1999 Constitution is absolute and cannot be
waived.
It can be concluded that the Vice President of Nigeria need not
waive his immunity before he can be investigated under Nigerian Law
as immunity doesn’t extend to investigations
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