He, however, said they cannot be prosecuted until they finish their tenure.
Recall that Osinbajo had offered to waive the immunity he enjoyed under the constitution in order to clear his name of the N90b allegations levelled against him by Timi Frank, a former Deputy National Publicity Secretary of APC.
Ozekhome also said that the alleged crisis being faced by the Vice President is not about him (Osinbajo) but about the ambition of Asiwaju Tinubu.
According to the senior lawyer, the cabal at the Presidency and politicians from the core North are out to rubbish the Vice President.
“Section 308 of the 1999 constitution, the President and Vice-President, Governors and Deputy Governors of states enjoy total immunity from prosecution,” he was quoted by Independent.
“While they are in office, they cannot be prosecuted. However, it was held in the case of Tinubu versus IGP and other persons by the Supreme Court that although the President, Vice- President, Governors and Deputy- Governors cannot be prosecuted while in office, they can, however, be investigated whilst in office.
“In that case, Justice Uwaifo in the very illuminative judgment made it clear that whilst they cannot be prosecuted, they may be investigated but the result of the investigation cannot be used to prosecute them while still in office. They will have to wait for that person to leave office before he can be prosecuted.
“So, it is not for Osinbajo to say he will waive his immunity. He cannot waive a constitutional provision which applies to everybody who occupies the office of President, Vice-President, Governor or Deputy Governor.
“To waive it and say prosecute me is to call for violation of Section 308 of the constitution and his oath of office and allegiance to protect and defend the Constitution of the Federal Republic of Nigeria.
“It is not for him, therefore, to elect to be investigated. He can be investigated. Even President Buhari can be investigated while in office. That is what the Supreme Court says. It is just that none of them can be prosecuted now until they leave office.
“But at the end of the day, I see the scenario playing out as the macabre dance of death which is a game toward 2023 and beyond.
“It is not about Osinbajo because when they were sending him to markets in Oshodi, Mushin, Sandgrouse markets in Lagos, didn’t they know that he was a whole Vice-President?
“When Osinbajo was carrying out jobs that should have been done by little hands, they needed him to help them win election and so didn’t see any fault in him.
“Some people saw that N10,000 they were giving out was more of bribe by the ruling party to get people to vote for them because some of these people distributing the Tradermoni were wearing t-shirts bearing ‘Vote Buhari/ Osinbajo.
“Now the faceless cabal believe they have used him and they are now ready to dump him and they want to bring in a preferred candidate who will not be intellectually grounded as Osinbajo; a candidate that they can use again as cannon fodder and then dispense him when they want.
“So, they are trying to rubbish him and sending the ominous signal to him and you can see that some of them from the core North are already flying kites that democracy is about number, there is nothing like zoning, there is no question of saying the North cannot retain power. So, it is all about 2023.”