Posted by By Kingsley Omonobi & Kayode Matthew on
BRITAIN appears to be foot-dragging in demanding the extradition, to London, of Bayelsa State's impeached governor, Chief Diepreye Alamieyesigha, well over one week since his arrest and detention by the police in Abuja.
ABUJA - BRITAIN appears to be foot-dragging in demanding the extradition, to London, of Bayelsa State's impeached governor, Chief Diepreye Alamieyesigha, well over one week since his arrest and detention by the police in Abuja.
Chief Alamieyeseigha himself has gone to court, seeking an order declaring his arrest and detention since December 9 as allegal. He is also praying for an order restoring him to office.
Vanguard gathered in Abuja that no request for the extradition of Chief Alamieyesigha had been received yet.
Consequently, the Economic and Financial Crimes Commission (EFCC) whose officials have been interrogating the former governor in connection with allegations of money laundering is said to be in a fix over the extradition. But the EFCC officials are going ahead with the interrogation with a view to taking him before the Code of Conduct Tribunal.
Authoritative Police sources told Vanguard that the apparent foot-dragging by British in demanding the extradition of Alamieyeseigha was beginning to send some conflicting signals on the ex-governor's case. 'This matter is becoming like the more you look, the less you see," said the source.
' Everybody is just waiting and hoping Britain will make the request. The implication, from my police experience, is that they are still trying hard to confirm the allegations of money laundering and other allegations against him, but have not succeeded."
Meanwhile, the former governor has continued to face interrogation from officials of the EFCC who are said to be getting more information on a daily basis.
Alamieyeseigha goes to court
However, Chief Alamieyeseigha has instituted an action against the Federal Government, praying for an order declaring his arrest and detention since December 9, 1005 illegal. He also wants an order restoring him to office as governor.
In an originating summons filed at the Federal High Court, Abuja by his counsel, Professor A.B. Kasumu (SAN), Mr. Mike Okoye and Chief Mike Ozekhome, the former governor is contending that by virtue of section 306 (1) of the 1999 Constitution, he has not been lawfully arrested and detained as impeachment proceedings against him are still pending.
Chief Alamieyeseigha is also arguing that he has not been lawfully arrested for the purpose of his being extradited for criminal prosecution in the United Kingdom or any other jurisdictions outside Nigeria because the Federal Government has not applied or obtained a provisional warrant of arrest from the appropriate court as mandatorily required under section 6 of the Extradition Act.
In the motion exparte filed alongside the originating summons and the motion on notice, Alamieyeseigha wants the court to grant an order of interim injunction restraining the Federal Government or its agents from continuing to arrest and detain him pending the hearing and determination of the motion on notice.
He is therefore asking the court to determine the following questions:
*Whether by virtue of section 308 (1) of the constitution of the Federal Republic of Nigeria 1999; sections 6, 7, 8, 9, 10 & 11 of the Extradition Act Cap E 25 LFN, 2004 and section 31 of the Criminal Procedure Act CAP C41 LFN 2004; it was lawful for the 3rd defendant to use the 2nd defendant to effect his arrest, a serving governor vested with constitutional immunity, notwithstanding that investigations instituted to impeach him have not yet commenced.
*Whether by virtue of 308 (1) of the Constitution of the Federal Republic of Nigeria 1999 all or any of the powers of extradition vested in the 1st defendant under sections 6,7, 8,9,10 & 11 of the Extradition Act Cap E 25 LFN, 2004 can be exercised to effect the arrest and extradition of the plaintiff, a serving governor vested with constitutional immunity, notwithstanding that investigations instituted to impeach him have not yet commenced/and or are still pending.
*Whether by virtue of 308 (1) of the constitution of the Federal Republic of Nigeria 1999 and Section 31 of the Criminal Procedure Act Cap C41 LFN 2004; the plaintiff is not immune from a process of warrant of arrest and criminal prosecution as a serving governor vested with constitutional immunity, notwithstanding that investigations instituted to impeach him have not yet commenced/and or are still pending.
*Alternatively and/or additionally to questions 1-3 (supra) whether the plaintiff was lawfully detained since 9th December, 2005 for the purpose of his being extradited for criminal prosecution in the United Kingdom or any other jurisdictions outside Nigeria without the 1st defendant (as a condition precedent) applying for and obtaining from the appropriate court in Nigeria a provisional warrant of arrest of the plaintiff upon an exhibited request for surrender under section 6 of the Extradition Act, Cap E 25 LFN, 2004.
*Further alternatively and or additionally to questions 1-3 (supra) whether the plaintiff has been lawfully arrested and detained since 9th December, 2005 for the purpose of his being extradited for criminal prosecution in the United Kingdom or any other jurisdictions outside Nigeria without the 1st defendant being brought to the appropriate court in Nigeria to afford the plaintiff a hearing as a condition precedent to his being extradited having regard to section 9 of the Extradition Act, CAP E 25 LFN, 2004.
•Whether a criminal process issued by any court of law whether within Nigeria or outside Nigeria against the plaintiff at a time when the plaintiff enjoys immunity from the issue and service of a court process or warrant of arrest is not void and unenforceable for any purpose whatsoever; having regard to section 308(1) of the constitution of the Federal Republic of Nigeria, 1999.
If the answer(s) to all or any of the above questions confirms the illegality contended therein, the plaintiff claims the following reliefs as against the defendants jointly and/or severally:
*A declaration that by virtue of section 308 (1) of the constitution of the Federal Republic of Nigeria 1999; sections 6,7,8,9,10 & 11 of the Extradition Act cap E 25 LFN, 2004 and section 31 of the Criminal Procedure Act Cap C41 LFN 2004; it was lawful for the 3rd defendant to use the 2nd defendant to effect the arrest of the plaintiff and his bodily removal from the Government House Yenagoa, a serving governor vested with constitutional immunity, notwithstanding that investigations instituted to impeach him have not yet commenced and/or is still pending.
*A declaration that by virtue of 308 (1) of the constitution of the Federal Republic of Nigeria 1999 and section 31 of the Criminal Procedure Act Cap C41 LFN 2004; the plaintiff is immuned from a process of warrant of arrest and criminal prosecution as a serving governor vested with constitutional immunity, notwithstanding that investigations instituted to impeach him have not yet commenced/and or are still pending.
*A declaration that by virtue of section 308 (1) of the constitution of the Federal Republic of Nigeria 1999 all or any of the powers of extradition vested in the 1st defendant under sections 6,7,8,9,10 & 11 of the Extradition Act Cap E 25 LFN, 2004 cannot be lawfully exercised to effect the arrest and extradition from Nigeria, of the plaintiff, a serving governor vested with constitutional immunity, notwithstanding that investigations instituted to impeach him have not yet commenced/and or are still pending.
*A declaration that the plaintiff was not lawfully arrested and detained since 9th December, 2005 for the purpose of his being extradited for criminal prosecution in the United Kingdom or any other jurisdictions outside Nigeria, the 1st defendant having not applied and obtained from the appropriate court in Nigeria a provisional warrant of arrest of the plaintiff upon an exhibited request for surrender as mandatorily required under section 6 of the Extradition Act, Cap E 25 LFN, 2004.
*A declaration that the plaintiff has not been lawfully arrested and detained since 9th December, 2005 for the purpose of his being extradited for criminal prosecution in the United Kingdom or any other jurisdictions outside Nigeria, by reason of the plaintiff having not been brought before the appropriate court in Nigeria to afford the plaintiff a hearing as a condition precedent to his being extradited as required under section 9 of the Extradition Act, Cap E 25 LFN, 2004.
*A declaration that any criminal process issued by any court of law or tribunal whether within Nigeria or outside Nigeria against the plaintiff at a time when the plaintiff enjoys immunity from the issue and service of a court process or warrant of arrest is void and unenforceable for any purpose whatsoever by virtue of section 308(1) of the constitution of the Federal Republic of Nigeria, 1999.
*An order setting aside any criminal, arrest or extradition processes issued or countenanced as duly issued by the defendants, against the plaintiff since the commencement of impeachment proceedings against him by the Bayelsa State House of Assembly pursuant to a notice of impeachment dated 18th November, 2005.
*An order directed at the 2nd and 3rd defendants to effect the immediate and unconditional release of the plaintiff from their illegal and unconstitutional detention forthwith.
*An order of mandatory injunction directing the 2nd defendant to immediately return plaintiff to and restore him into his office in Government House, Yenagoa from where he was forcibly and unlawfully removed and placed under arrest since 9th December, 2005.
*A consequential order of injunction restraining the defendants either by themselves, their subordinates, servants agents, collaborators or whomsoever and howsoever they may be connected to each other, from continuing and or resuming the arrest and detention of the plaintiff unless and until the impeachment proceedings instituted against him by the Bayelsa State House of Assembly by noticed dated 18th November, 2005 shall have been concluded with a resolution for his removal in accordance with the provision of section 188 (10) of the constitution of the Federal Republic of Nigeria, 1999.
Named as defendants in the suit which will commence today are the Attorney-General of the Federation, the Inspector-General of Police and the Economic and Financial Crimes Commission (EFCC).