Alamieyeseigha, R (on the application of) v Crown Prosecution Service

Alamieyeseigha, R (on the application of) v Crown Prosecution Service

Bayelsa State is not entitled to state immunity because it lacks international legal personality, does not conduct international relations, and is not recognized as a state by the UK Secretary of State. Consequently, the claimant as Governor is not entitled to immunity from criminal prosecution in the UK. The claim to quash the prosecution is dismissed.

Parties
Claimant: Diepreye Solomon Peter Alamieyeseigha; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
25 November 2005
Procedural Posture
Judicial Review / Final Judgment
Outcome
claim dismissed
Legal Topics
State Immunity, Federalism, Sovereign Immunity, Criminal Prosecution of Foreign Officials
Public International Law Criminal Law Constitutional Law State Immunity Federalism Sovereign Immunity Criminal Prosecution of Foreign Officials

Case Brief

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Parties

Diepreye Solomon Peter Alamieyeseigha

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Judicial Review / Final Judgment

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 as a constituent part of Nigeria
  3. 3 Whether the decision to prosecute the claimant should be quashed on grounds of sovereign immunity

Ratio Decidendi

Bayelsa State is not entitled to state immunity because it lacks international legal personality, does not conduct international relations, and is not recognized as a state by the UK Secretary of State. Consequently, the claimant as Governor is not entitled to immunity from criminal prosecution in the UK. The claim to quash the prosecution is dismissed.

Court Disposition

claim dismissed

Orders

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