Lagos-based lawyer, Inibehe Effiong, in a statement told Yemi Osinbajo that he does not have the constitutional power to waive his immunity. to pave the way for the “most robust adjudication” over an allegation that he finance the 2019 general election from the Federal Inland Revenue Service(FIRS), funds, which is amount to N90bn.
Effiong said the Supreme Court had looked into the matter concerning the former governor of Lagos state, Bola Tinubu against I.M.B Securities Plc, saying immunity cannot be waved for a person holding any of the executive offices, even if the person has it.
He further stated that “Based on the extant constitutional regime, the Vice-President Prof. Yemi Osinbajo, cannot waive his immunity.
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 by the persons to whom the provision is meant to protect.
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“In the said Tinubu’s case, former Governor Bola Tinubu decided to waive his immunity to defend a civil claim initiated against him. The Supreme Court barred the then governor of Lagos State from proceeding with the suit.”
No need to wave immunity for a person that is susceptible to be probed by the law enforcement agency, immunity does not cover a person from been investigated: he said.
Effiong, however, said Although Osinbajo could not be sued he had the power to sue him for defamation.
He said, according to the law any person in his position could sue anyone to some extent.
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