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N90bn allegation: You can’t waive immunity, lawyer tells Osinbajo

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Lagos-based lawyer, Inibehe Effiong, says Vice-President Yemi Osinbajo lacks the constitutional power to waive his immunity.

Effiong said this in a statement while reacting to Osinbajo’s vow to waive his constitutional immunity to pave the way for the “most robust adjudication” over an allegation that he took N90bn from the Federal Inland Revenue Service to fund the 2019 general elections.

The lawyer said the Supreme Court had ruled in the matter of Bola Tinubu vs I.M.B Securities Plc that a person holding any of the executive offices that has immunity cannot waive it.

He said, “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.

“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.”

The lawyer noted that immunity does not cover one from investigation, adding that there was no need for one to waive immunity in order to be probed by a law enforcement agency.

Effiong noted, “I wish to state that the immunity under Section 308 of the Constitution does not extend to criminal investigation by law enforcement agencies. This was the position taken by the Supreme Court in 2002 in the celebrated case of Chief Gani Fawehinmi v. Inspector General of Police.

“Provided the investigation does not result in the arrest or detention of the Vice President or compelling his appearance, he can be investigated.”

Effiong, however, said although Osinbajo could not be sued, he had the power to sue for defamation.

He said the law empowers anyone holding such an office to be able to sue to a certain extent.

The lawyer stated, “However, it should be noted that notwithstanding the immunity clause, the Vice President has the right to sue for defamation of character. While legal proceedings cannot be initiated against him, the Supreme Court and the Court of Appeal have decided in several cases that the immunity clause does not prevent the beneficiaries from suing for defamation of character.

“In other words, Prof. Osinbajo can sue but cannot be sued. This was the position taken by the Supreme Court in 2007 in the case of Global Excellence Communications Ltd. V. Donald Duke.”

The statement of Prof. Osinbajo is political. Immunity does not cover investigation, therefore, the question of waiver does not arise in the circumstance.

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Rep Oseni Urges Unity, Compassion in Christmas Message to Nigerians

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As Nigerians celebrate Christmas amidst festivities and reflections, the Chairman of the House Committee on Federal Roads Maintenance Agency (FERMA) and lawmaker representing Ibarapa East/Ido Federal Constituency of Oyo state, Engr. Aderemi Oseni has sent a heartfelt message to Nigerians, emphasising the importance of unity, compassion, and selflessness in nation-building.

In his Christmas message on Wednesday, contained in a statement by his media aide, Idowu Ayodele, and made available to journalists in Ibadan, the lawmaker described the season as a time to reflect on the love and sacrifice demonstrated by the birth of Jesus Christ.

He urged citizens to embrace the spirit of giving, kindness, and shared humanity that Christmas symbolises.

“Christmas is a season of hope, joy, and renewal,” Oseni said. “It reminds us of our shared duty to show love to one another, regardless of ethnicity, religion, or political affiliations. Let us work together to foster unity and peace in our country, especially as we navigate through challenging times.”

The lawmaker also highlighted the significance of collective responsibility in nation-building.

“As we celebrate, we must remember the less privileged in our communities. Acts of charity and kindness, no matter how small, can make a significant impact on someone’s life,” he added.

The APC chieftain expressed gratitude to his constituents in Ibarapa East/Ido for their unwavering support, assuring them of his commitment to delivering more impactful governance.

He also called for patience and cooperation as the government works towards addressing issues affecting the nation, including infrastructure development, economic stability, and security.

“Let this Christmas inspire us to continue building bridges of hope and fostering the true Nigerian spirit of togetherness,” he stated.

As the year draws to a close, Oseni encouraged Nigerians to remain optimistic about the nation’s future, assuring them that better days lie ahead with collective effort and unwavering faith.

 

 

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NCAA Sanctions Five Airlines Over Regulatory Breaches

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The Nigeria Civil Aviation Authority (NCAA) has initiated enforcement action against five airlines—two international and three domestic operators—for various violations of its regulations under Part 19.

The offenses include non-payment of passenger refunds within the stipulated timeframe, non-responsiveness to NCAA directives, mishandling of luggage, short-landed baggage, delayed and canceled flights, among other infractions.

Addressing journalists at the NCAA’s corporate headquarters in Abuja on Tuesday, Michael Achimugu, the Authority’s spokesman, stated that airlines must adhere to regulations regarding flight disruptions. He emphasized that failure to comply attracts sanctions.

“Although airlines are not always responsible for flight disruptions, NCAA regulations stipulate actions that airlines must take during such incidents. Failure to comply attracts various levels of sanctions,” Achimugu said.

He reminded airlines of the NCAA’s recent directive mandating refunds to passengers within 14 days for online ticket purchases and immediate cash refunds for tickets bought with cash.

The yuletide season has seen a rise in passenger complaints about delays and cancellations, largely attributed to harmattan-induced poor visibility. Achimugu clarified that airlines are not liable for cancellations due to force majeure but stressed that the enforcement actions are for cases where airlines are found at fault.

“This is harmattan season, so there is poor visibility. Flights must get canceled. This is force majeure, and the airlines do not owe passengers anything in those instances. The enforcement we are initiating today is on cases where the airline is deemed to have been at fault. More will come,” he explained.

Achimugu further disclosed that the NCAA would summon the chief executives of all airlines this week to address flight disruptions and regulatory breaches.

While the names of the sanctioned airlines were not officially revealed, sources close to the Authority identified them as Ethiopian Airways, Royal Maroc Airways, Arik Air, Aero Contractors, and Air Peace.

 

 

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FG Targets 15m Households for Conditional Cash Transfer Scheme

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The Minister of Humanitarian Affairs, Disaster Management, and Social Development, Nentawe Yilwatda, has announced the Federal Government’s plan to reach 15 million households, representing 75 million people, through its conditional cash transfer scheme.

Speaking on Monday during an interview on Channels Television’s The Morning Brief, Yilwatda explained that the initiative is part of President Bola Tinubu’s commitment to mitigating the economic hardships faced by vulnerable Nigerians.

“The president was so specific,” Yilwatda noted.

“There are policies that he brought in to see if that can ease those challenges for people at the lower end of the pyramid. One of those policies is to reach out to 15 million beneficiaries under the conditional cash transfer, targeting households rather than individuals. Each household will receive ₦25,000 monthly, paid three times a year.”

Yilwatda further clarified that the 15 million households being targeted translate to 75 million Nigerians, assuming an average of five persons per household.

So far, the Federal Government has reached five million individuals but is facing challenges in fully sanitizing the social register, particularly with the implementation of the Central Bank of Nigeria’s (CBN) policy mandating digital identities for transparency and traceability of payments.

“Currently, only 1.4 million people on the social register have digital identities. Many of those we are targeting are outside the formal banking system,” the minister disclosed.

Yilwatda emphasized that women are specifically targeted as household leaders under the program to ensure the funds are used effectively for the benefit of children and other vulnerable members of society.

The conditional cash transfer programme, which is administered under the National Social Investment Programme, had earlier been suspended by President Tinubu in January due to allegations of corruption. However, the scheme was reinstated in February, with plans to extend the initiative to an additional 12 million households.

 

 

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