Posted by By GODWIN TSA Abuja on
Justice Stephen Adah of a Federal High Court will on March 17 decide whether or not to refer to the Court of Appeal for interpretation, some constitutional issues surrounding the impeachment last year of former Bayelsa State Governor, Chief Diepreye Alamieyeseigha.
Justice Stephen Adah of a Federal High Court will on March 17 decide whether or not to refer to the Court of Appeal for interpretation, some constitutional issues surrounding the impeachment last year of former Bayelsa State Governor, Chief Diepreye Alamieyeseigha.
The embattled former governor is now standing trial before a LagosHigh Court over sundry allegations of money laundering and operating foreign accounts.
Following his impeachment late last year, Alamieyeseigha through Professor Alfred Babatunde Kasumu (SAN) filed a suit at the Federal High Court challenging the process of his impeachment.
He contended that the impeachment was illegal, null and void, as it violated the provisions of the constitution.
The Attorney General of the Federation, the Inspector General of Police and the Economic and Financial Crimes Commission (EFCC) are co-defendants in the
case.
At the resumed hearing of the case before Justice Stephen Jonah Adah on Thursday, Alamieyesiegha's counsel, Chief Mike Ozekhome, explained that there was need to refer some questions to the Court of Appeal for interpretation in order to get a clear understanding on the position of the law concerning the issue of impeachment.
He said that he would approach the Supreme Court after the verdict of the Court of Appeal in order to have the final word on the constitutional issues.
But counsel from the office of the Attorney General of the Federation, Mrs. Agatha Ubamali opposed the request of Alamieyeseigha, saying that the Federal High Court was competent to make pronouncement on the issues without reference to the Court of Appeal.
The counsel to the Economic and Financial Crimes Commission (EFCC), Adebisi Adebiyi, also echoed the views of Ubamali. He argued that there was no merit in the request for referral to the Court of Appeal when the issues involved in the case were within the competence of the Federal High Court.
The two questions Alamieyeseigha is seeking the determination of the Court of Appeal are:
Whether or not the jurisdiction of the court is ousted to determine the plaintiff's (Alamieyeseigha) case that he is entitled to constitutional immunity from arrested prosecution based on the ground that the alleged impeachment relied upon by the respondents as depriving the plaintiff of his constitutional immunity was not done in compliance with the mandatory condition of sections 188 of the 1999 constitution of the Federal Republic of Nigeria.
Can the defendants embark on the arrest and criminal prosecution of the plaintiff (Alamieyesiegha) when the validity of his impeachment is still the subject matter of litigation before the Bayelsa High Court suit No. YHC/173/2005.