Abuja lawyer, Mr Realwan Okpanachi, has said Yemi Osinbajo is legally allowed to sue anybody during his tenure without needing to waive his immunity.
He disclosed this in an interview with the News Agency of Nigeria (NAN) on Monday in Abuja.
This was his reaction to the statement made by Osinbajo that he would put his constitutional immunity aside to clear his name over the N90 billion he allegedly collected from Federal Inland Revenue Service (FIRS).
Realwan had this to say, “The current position of the law as expressed by the Supreme Court in the case of Global Excellence Communications Ltd. &Ors.Vs Mr Donald Duke (2007) LPELR-1323(SC).
“The apex court held that had the legislature intended to prohibit any of the holders of the offices listed in section 308(1) of the constitution from instituting cases in the names in their tenures.
“They would have expressly stated it, and that, since there were no such express provisions, then they are entitled to institute court case during their tenure.”
“if he sincerely desires to do so is to resign his position as vice president.
“He cannot remain in office and waive his immunity as the immunity is attached to that office and not his person.”
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