Ndubuisi Orji, Abuja and Chukwudi Nweje
The Peoples Democratic Party (PDP), yesterday, dared Vice President Yemi Osinbajo to make good his threat to waive his immunity by resigning from office immediately.
The PDP in a statement by its National Publicity Secretary, Kola Ologbondiyan, said that will enable Osinbajo face the corruption allegations made against him in court.
Vice President Osinbajo had in a recent statement by his spokesman, Laolu Akand that he was ready to waive his immunity to allow the “most robust adjudication” of several baseless allegations, insinuation and falsehoods against him.
The opposition party stated that since Section 308 of the 1999 Constitution (as amended) confers immunity to holder of the office of vice president “during his period in office” there is no provision for waiver while a public official that enjoys immunity is still in office.
The party said the National Assembly should be on notice to consider the pronouncement by the Osinbajo about waiving his immunity “as an official communication to the legislature indicating his intention to vacate office.”
“Since Vice President Osinbajo has announced his readiness to renounce his constitutional immunity in the face of corruption allegations, he should do the needful by resigning and vacating the office as there is no provision for waiver of immunity in our constitution.
“The PDP holds that immunity under section 308 of the 1999 constitution (as amended) is conferred on an official by virtue of his/her election into an office within a duration and cannot be waived by any means other than resignation.
“Vice President Osinbajo should know that it is settled that section 308 can only be set aside by vacating the office. It is not a jacket to be put on or dropped at will.”
“Significantly, our party invites the vice president to note that his pronouncement has set off a process, which is expected to terminate in his resignation,” PDP said.
However, former National Secretary of the Labour Party, Dr. Olukayode Ajulo has said Osinbajo has no power to waive his immunity.
Ajulo said the immunity cover in Section 308 of the 1999 constitution as amended is not for Osinbajo as a person, but for the office the Vice President that he occupies.
He said, “Any waiver of the immunity of the Vice President is unconstitutional, illegal null and void and of no effect whatsoever. The person holding the office does not have the right to waive the immunity because any such waiver 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.”
He added that while Osinbajo’s decision to waive his immunity is commendable, such will only be possible if the constitution is amended.
“The decision of the Vice President to waive his immunity, in as much as I will like to commend that position is unprecedented in our democracy, unless the constitution is amended and an express waiver is permitted or provided therein, the vice president cannot constitutionally waive his immunity.” Ajulo said immunity clause “is of great antiquity in Nigeria’s nascent constitutional law jurisprudence” and favours the occupier of the offices the president, the vice president, the state governors and their deputies.
