Alamieyeseigha, R (on the application of) v Crown Prosecution Service [2005] EWHC 2704 (Admin) (25 November 2005)

Alamieyeseigha, R (on the application of) v Crown Prosecution Service [2005] EWHC 2704 (Admin) (25 November 2005)

Bayelsa State is not entitled to state immunity because it lacks international legal personality, does not conduct foreign relations, is not recognized as a state by the UK Secretary of State, and its powers are extensively circumscribed by the Nigerian Constitution. Consequently, the claimant, as Governor, is not entitled to immunity in UK criminal proceedings.

Citation
[2005] EWHC 2704 (Admin)
Parties
Claimant: Diepreye Solomon Peter Alamieyeseigha; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
25 November 2005
Procedural Posture
Judicial Review / Substantive Application for Relief
Outcome
Claim dismissed
Legal Topics
State Immunity, Sovereign Immunity, Federalism, Criminal Proceedings Against Foreign Officials, Judicial Review
Public International Law Criminal Law Constitutional Law State Immunity Sovereign Immunity Federalism Criminal Proceedings Against Foreign Officials Judicial Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Diepreye Solomon Peter Alamieyeseigha

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Judicial Review / Substantive Application for Relief

Legal Issues

  1. 1 Whether the Governor of Bayelsa State, Nigeria, is entitled to state immunity in criminal proceedings in the UK
  2. 2 Whether Bayelsa State is entitled to state immunity under international and UK law
  3. 3 Whether any immunity, if it exists, has been waived

Ratio Decidendi

Bayelsa State is not entitled to state immunity because it lacks international legal personality, does not conduct foreign relations, is not recognized as a state by the UK Secretary of State, and its powers are extensively circumscribed by the Nigerian Constitution. Consequently, the claimant, as Governor, is not entitled to immunity in UK criminal proceedings.

Court Disposition

Claim dismissed

Orders

  • Permission granted for judicial review application
  • Substantive application for relief dismissed