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.”

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