Source: All England Reporter
Publisher Citation: [2005] All ER (D) 348 (Nov)
Court: Queen's Bench Division (Divisional Court)

Collins and Silber JJ

Representation Edward Fitzgerald QC, Malcolm Shaw QC and Joseph Middleton (instructed by Corker Binning) for the claimant.
  Jonathan Fisher QC and Mark Lucraft (instructed by the Crown Prosecution Service) for the defendant.
Judgment Dates: 25 November 2005


Constitutional law - Foreign sovereign state - Immunity from legal process - Criminal proceedings - Claimant Governor and Chief Executive of Bayelsa State - Bayelsa State constituent part of Federal Republic of Nigeria - Whether claimant entitled to state immunity - , s 21.

The Case

Where the Secretary of State for the Foreign and Commonwealth Officer had issued a certificate under s21 of the which recorded that the Governor and Chief Executive of Bayelsa State was not to be regarded for the purposes of Pt1 of the Act as Head of State of the Federal Republic of Nigeria, the claimant who was the Governor could not be entitled to state immunity in criminal proceedings.

Practice Areas

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