Vice President Yemi Osinbajo says that Mr Realwan Okpanachi, a constitutional lawyer in Abuja, can not waive his immunity.
On Monday in Abuja, the legal practitioner told NAN that the only effective way for Osinbajo to waive his immunity “if he sincerely wants to do so is to resign from his position as vice president.” “He can not stay in office and waive his immunity as the immunity is connected to that office and not to his individual,” said the lawyer.
Okpanachi responded to the declaration credited to the vice president that he would waive his constitutional immunity to clear his name from the Federal Inland Revenue Service (FIRS) of the N90 billion that he supposedly earned.
The attorney said Section 308 of the Constitution, which in some quarters raises arguments that the vice president could no longer establish any case in his name, no longer represent the law’s stance.
He said I.B.M. Securities Plc’s case. Vs Ahmed Bola Tinubu was no longer tenable as decided by the Supreme Court by those holding such an view.
“The present position of the law in the case of Global Excellence Communications Ltd. & Ors. Vs Mr Donald Duke (2007) LPELR-1323(SC) as stated by the Supreme Court.
“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.