Dr. Kayode Ajulo, a Constitutional Lawyer, on Thursday, said that Vice President Yemi Osinbajo cannot waive his constitutional immunity for adjudication of claims of libel and malicious falsehood against his person in the court
Ajulo told the News Agency of Nigeria (NAN) in Abuja against the backdrop of an alleged falsehood peddled in a newspaper by Mr. Timi Frank and Mr. Katch Onanuju against Osinbajo.
News Agency of Nigeria (NAN) reports that Osinbajo said he had instructed the commencement of legal action against two individuals who put their names to the odious falsehood.
Ajulo, however, said that the provisions of Section 308 of the Constitution of the Federal Republic of Nigeria 1999, as amended frowns at it.
According to him, the implication of the foregoing provision of the law is that the person holding the office does not have the right to waive the immunity.
“Because any of such waivers is ineffective as the immunity is not that of the person holding the office but of that particular office he represents during the tenure of the office.
The lawyer said that the position further found backing in the use of the word “shall” which was the operative word in the section which admitted no discretion whatsoever.
He said that the immunity granted to Osinbajo prescribed an absolute prohibition on the courts from entertaining any proceedings and civil or criminal in respect of any claim or relief against him.
Comments