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Alamieyeseigha wants case transferred to another judge

Posted by By ADESINA AIYEKOTI on 2006/05/02 | Views: 815 |

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Alamieyeseigha wants case transferred to another judge


Former Governor of Bayelsa State, Chief Diepriye Alamieyeseigha, has appealed against the decision of Bayelsa High Court dismissing the suit he filed challenging his removal as chief executive of the state.

Former Governor of Bayelsa State, Chief Diepriye Alamieyeseigha, has appealed against the decision of Bayelsa High Court dismissing the suit he filed challenging his removal as chief executive of the state.

In the appeal filed through his attorneys, Professor Alfred Kasumu (SAN), Chief Mike Ozekhome and Mike Okoye, the appellants (Alamieyeseigha) prayed the Court of Appeal to grant his request and transfer the case for trial before another judge of the Yenagoa High Court, Bayelsa.

Justice Akopmiemie had on March 23, 2006 dismissed the suit in which the former governor was seeking, among others, declaration that his forceful removal from his office as governor of Bayelsa State on December 9, 2005 by the state commissioner of Police and his armed operatives amounted to an unconstitutional take over of the government of Bayelsa State through a police aided civilian coup contrary to Section 1(2) of the 1999 Constitution of Nigeria.

He also sought for an order of injunction restraining the Chief Judge of Bayelsa State, Justice Emmanuel Igoniwari, the Speaker of Bayelsa State House of Assembly and the state Police Commissioner from according any further recognition to Dr. Goodluck Jonathan as the substantive governor of Bayelsa State.

In the notice of appeal, Alamieyeseigha argued that the trial judge erred in law in holding that the impeachment process could not be challenged, even when there was evidence that the provision of Sections 188(5) and (6) have not been complied with.

Other points raised by the applicant were that the trial judge erred in law in holding that an order cannot be made to direct the state chief judge to reconstitute a panel he had already set up, contrary to the provisions of Section 188(5) of the 1999 Constitution and that the court was wrong to hold that Dr. Jonathan, now the state governor, cannot be made a party to the action because of the constitutional immunity enjoyed by him under Section 308 of the Constitution.

Others reliefs sought by Alamieyeseigha include an order of mandatory injunction directing the investigation panel inaugurated by the state chief judge in respect of the allegation of impeachable offences against him to resume and commence sitting and afford him the opportunity to defend himself, whether personally or through a counsel of his choice.

He also prayed the court to set aside the swearing-in of Dr Goodluck Jonathan by the chief judge of Bayelsa State, as the substantive governor of the state, and also to restrain Jonathan from parading himself as the state governor.


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