You cannot waive your immunity for adjudication, Lawyer tells Osinbajo - Uju Ayalogu's Blog for News, Reviews, Articles and More

Breaking News

Post Top Ad

Thursday 26 September 2019

You cannot waive your immunity for adjudication, Lawyer tells Osinbajo

You cannot waive your immunity for adjudication, Lawyer tells Osinbajo

 Vice President, Yemi Osinbajo

 – Dr Kayode Ajulo, a Constitutional Lawyer says 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) on Thursday 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) report that Osinbajo said he had instructed the commencement of a 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.

READ ALSO:     Stigmatise people with HIV, risk jail —ADELEKE

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 Osinbaji prescribed an absolute prohibition on the courts from entertaining any proceedings and civil or criminal in respect of any claim or relief against him.

According to him, no question of waiver of the relevant immunity by the incumbent of the office concerned or indeed by the courts may therefore arise.

“The court has laid it down as a rule that the time a person spends in office will not be reckon with in the calculation of time for the purpose of statute of limitation,’’ he said.

Ajulo said the immunity clause remained of great antiquity in Nigeria’s nascent constitutional law jurisprudence.

He said that the vestige of the doctrine of immunity in favour of the occupier of offices had always been a consistent feature of each successive constitutions of Nigeria.

Ajulo however said that the only option available to the vice president in his bid to waive his immunity was to resign, adding that “Nigeria is not yet tired of the services of Osinbajo’’.

READ ALSO:     Firms linked to P&ID ‘withdraw $700,000 in cash’

Are you an artiste? Do you want your music to go viral and reach a large number of audience? Promote your music and Submit your story on Ujuayalogusblog.com by clicking here. For Advert Inquiries Tel/+44(0)7590363984

For More:   Subscribe to Ujuayalogusblog.com

Subscribe to Our Posts via Email


Share This

No comments:

Post a Comment

Listen to This Beautiful New Talent - Winter Wolf - Singing "Midnight"


Post Bottom Ad

Pages