Constitutional and human rights lawyer, Chief Mike Ozekhome, SAN, has said that President Muhammadu Buhari and Vice President Yemi Osinbajo can be investigated while they are in office. He, however, said they could not be prosecuted until they finish their term.
Latest Nigeria newspaper report that Remember that Osinbajo had offered to give up the immunity he enjoyed under the constitution to clear his name of the N90b accusations made against him by Timi Frank, former deputy secretary of national publicity for APC.
Ozekhome also said that the alleged crisis facing the Vice President is not about him (Osinbajo) but the ambition of Asiwaju Tinubu. According to the lead lawyer, the Presidential clique and the politicians of the northern nucleus are about to waste the Vice President.
“Section 308 of the 1999 constitution, the president and vice president, governors and deputy governors of the states enjoy total immunity against prosecution,” was quoted by Independent.
“While they are in office, they cannot be prosecuted. However, the Supreme Court held in the case of Tinubu versus PGI and others that, although the President, Vice President, Governors, and Vice Governors cannot be prosecuted while they are in office, they can be investigated while they are in the charge.
“In that case, Judge Uwaifo, in the very illuminating trial, made it clear that while they cannot be prosecuted, they can be investigated, but the result of the investigation cannot be used to pursue them while they are in office. They will have to wait for That person leave his position before he can be prosecuted.
“So, it is not for Osinbajo to say that he will renounce his immunity. You cannot waive a constitutional provision that applies to all who hold the position of President, Vice President, Governor or Vice Governor.
“To renounce him and say that they prosecute me is to request a violation of Section 308 of the constitution and his oath of office and loyalty to protect and defend the Constitution of the Federal Republic of Nigeria.
“Therefore, it is not for him to choose to be investigated. He can be investigated. Even President Buhari can be examined while in office. That is what the Supreme Court says. It’s just that none of them can be prosecuted until they leave the office.
“But at the end of the day, I see the stage as the macabre dance of death, which is a game around 2023 and beyond.
“It’s not about Osinbajo because when they sent him to the markets of Oshodi, Mushin, Sandgrouse in Lagos, didn’t they know he was a vice president?
“When Osinbajo was doing work that should have been done by small hands, they needed it to help them win the elections and, therefore, they saw no flaws in it.
“Some people saw that N10,000 were giving bribes from the ruling party for people to vote for them because some of these people who distributed the Tradermoni wore shirts with ‘Vote Buhari / Osinbajo.
“Now the faceless clique believes they have used it and now they are ready to get rid of it and want to bring a favorite candidate who will not be intellectually punished as Osinbajo; a candidate who can use again as cannon fodder and then dispense it whenever they want.
“Therefore, they are trying to eliminate it and sending the ominous signal, and you can see that some of them from the north of the north are already flying kites that democracy is about numbers, there is nothing like zoning, there is no doubt about say the Union cannot retain power. So, it’s about 2023. “