The legal practitioner told NAN on Monday in Abuja that the only effective way Osinbajo could waive his immunity, “if he sincerely desires to do so is to resign from his position as vice president.”
“He cannot remain in office and waive his immunity as the immunity is attached to that office and not his person,” the lawyer said.
Okpanachi was reacting to the statement credited to the vice president that he would waive his constitutional immunity to clear his name over the N90 billion he allegedly received from Federal Inland Revenue Service (FIRS).
The lawyer said that Section 308 of the Constitution, which raises arguments in some quarters that the vice president could not institute any case in his name no longer represent the position of the law.
He said the case of I.B.M. Securities Plc. Vs Ahmed Bola Tinubu as decided by the Supreme Court being relied upon by those holding such opinion was no longer tenable.
“The current position of the law as expressed by the Supreme Court in the case of Global Excellence Communications Ltd. &Ors.Vs Mr Donald Duke (2007) LPELR-1323(SC).
“The apex court held that had the legislature intended to prohibit any of the holders of the offices listed in section 308(1) of the constitution from instituting cases in the names in their tenure.
“They would have expressly stated it, and that, since there was no such express provisions, then they are entitled to institute court case during their tenure,’’ Okpanachi said.
from dailypost..
I like people who reason objectively, brilliant mind,but if he resigns, an Hausa man will be out there,and as always our Yoruba elders will just keep quiet because of their own selfish interests. Nothing surprises me again in Nigeria. Just last week, a complainant was put in cell for 3 nights in a police station while the defendant never stepped into the station at all
ReplyDeleteI know these are merely allegations at this time. Having stated that, l will add that these our politicians are very lucky to be Nigerian and in Nigeria. The amount of money they steal in the face of abject poverty and hunger in the land is shocking. No politician in Nigeria, has a conscience anymore. They call the populace, who voted them in fools by displaying their ill gotten and stolen wealth in our faces. Former Gov. Blagoyavich, of Illinois was sent to Prison, for trying to sell a Senate seat. Our own Ministers, Governors, Perm Secs., are all crooked. What a country??
ReplyDeleteYou're just right. I mean, see the amount "alleged"..no conscience!
DeleteThe Hausa/Fulani cabal has finished using this man and wants to rubbish him. Good for him sef... since he couldn’t stand up for us, na his punishment so.
ReplyDeleteThank you for this comment. Bible said don't be unequally yoked with unbelievers. But his love for money and power will not let him.
DeleteDid I just read 90b ? Fear is catching me.
ReplyDeleteThey want to push him out now and replace him with a Northerner because of 2023
DeleteHmmmmm......that would be a honourable thing to do
ReplyDeleteThey should not Osinsnjo further biko cos with his principal there, won't be surprised it ABBA Kyari takes up the "temporary " role of the vice president
ReplyDeleteAny Yoruba person that believe that power his leaving the North in 2023 is
ReplyDeleteon a long thing
All these mushroom Lawyers looking for for fame..
ReplyDeleteGood for him...and Tinubu! We just started. To all those who voted Buhari again....A sese bere ni! If u think this is not a grand plan to ensure power doesnt leave the North in 2023....think again.
ReplyDeleteyou see,,,everybody is at fault,we keep on voting and selling our rights.
ReplyDeletei knew this will come cuz there has been a plan to make power stay in the north in d year 2023.
His wife and children should do 40 days fasting na. Abi them dey look for alliance.
ReplyDeleteOsibande enjoy all they gave to you. I saw one news that they are going to take ncip or what from you.
Yoruba man wey come dey mumu for where certificate less man dey
This is where they were dragging to.Good for him and Tinubu
ReplyDelete