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.
Nigerian Billionaire, Harry Akande Dies At 77
A far-famed billionaire from Ibadanland , Chief Harry Ayoade Akande, is dead. The Agba Oye of Ibadanland died in the early hours of Saturday.
Akande, aged 77 passed away following a brief illness.
The family in a statement signed by Olumide Akande disclosed, ” In the early hours of Saturday December 5, 2020, our patriarch Chief Harry Ayodele Akande passed away following a brief illness.
Chief Harry Akande was an astute businessman of international repute whose legacy and influence cut across continents.
“But by far his greatest passion was for a better Nigeria that guaranteed equity and justice for all. It is our fervent hope that this will be a reality in the not too distant future.
“His passing is a huge shock to his immediate &extended family, friends &associates. We are all grappling to make some sense of it”, the family mourned
Oyepeju to unveil Ara Foundation in Ibadan
Ibadan – born industrialist, Alhaji Ademola Oyepeju is poised to officially launch the Ara Foundation, a Non- Governmental Organization birthed to support the less – privileged.
The event, which is billed to hold December 5 at Scrolab Hotel, Oke – Ado in Ibadan, the Oyo state capital will also feature celebration of founder’s birthday, presentation of awards to some eminent personalities, scholarship for indigent students and empowerment program.
Dignitaries expected to grace the ocassion include : the Olubadan of Ibadanland, Oba Saliu Akanmu Adetunji Aje Ogunguniso 1, Asiwaju Bola Ahmed Tinubu, national leader of the All Progressives Congress (APC) and Chief Bayo Adelabu, the governorship candidate of the All Progressives Congress (APC) in the 2019 election.
Others are: Chief Oyegade Oyepeju, Alhaji Amadu Zungeru, Sarkin Hausawa of Ibadan, Chief Sunday Adeyemo (Sunday Igboho), Sheik Muyideen Ajani Bello, Hon Muse Ariyo, Pastor Kayode Akinola, Alhaji Taofeek Babatunde, Prince Abass Aleshinloye, Alhaji Taofeeq , Tao Onibata, Professsor Abideen Olaiya and Rev Mrs Olaiya, among others.
Oyepeju, in a statement signed on Thursday, explained that the foundation was founded in 2018 and it is duly registered with the government.
The business magnate also added that since its establishment, the foundation has lifted many poor people to a better state through financial aid to petty traders, schorlarship for indigent students in tertiary institutions , donation of tools and equipment for artisans to boost their businesses among others .
He emphasized the need for all levels of government to embark on more programs to alleviate poverty, unemployment and insecurity especially among youths.
According to him, “the focus of the foundation is beyond humanitarian services but a ploy to enhance growth and advancement of the society through extension of helping hands to the needy and idle hands who may later became devil’s instrument.
“The increasing number of people with no clear cut jobs is alarming and dangerous for the society and to prevent total collapse the needy should be supported and engage “, Oyepeju noted.
The industrialist, however advised youths to shun violence and channel their energy and talents towards national development.
Oyo: Buhari begins training, empowerment program for 400 youths in mechanized farming
Senator AbdulFatai Buhari representing Oyo North Senatorial District will on Thursday, 3rd December, 2020, in conjunction with the National Directorate Of Employment (NDE), engage no fewer than four hundred (400) selected youths from across the thirteen (13) local governments of the senatorial district in Mechanized Farming.
The three (3) day intensive training on modern techniques of farming will come up simultaneously at three different locations, Kisi, Town Hall in Kisi, Irepo local government, Ipman Hall in Saki at Saki West Local government and Ipapo Town Hall in Ipapo at Itesiwaju local government in Oyo North.
Apart from the daily transport allowances and feeding for the beneficiaries, the trainees will at the end of the training programme, be empowered with seedlings, herbicides, equipment, training allowances and certificate
Oyo North is an agrarian district which if well harnessed will serve as food basket for the state and Nigeria as a whole as well as increase the revenue base of the state and nation through import of agricultural products like, sorghum,millet, cashew, cassava,yam amongst others.
The knowledge acquired by the beneficiaries at the end of the training, is expected to be used to increase their harvests which will in turn improve their living standard.
This brings to total, one thousand two hundred (1200) constituents selected from Oyo North Senatorial District that have been engaged in one training or the other by Senator AbdulFatai Buhari, in the last one month.
Tweets by @megaiconmagg
Subscribe to our Newsletter
MegaIcon Magazine Facebook Page
Education3 days ago
Senator Buhari expresses joy as National Assembly passes bill establishing Federal University of Agriculture, Oke Ogun
Politics1 day ago
Exclusive: Again, Another PDP Chieftain Rejects Governor Makinde’s Appointment
Sports5 days ago
PHOTOS: Ex 3SC Chairman, Busari buried in Ibadan
Entertainment1 week ago
How popular gospel singer, Dare Melody, band members narrowly escaped death