09.28.2005

Odittah, whose defence team include Damola Adere-mi, a barrister and Tayo Arowojolu, a solicitor and chairman of Society of Nigerian Lawyers in the United Kingdom, however, failed to persuade the magistrate to release Alamieye-seigha on bail.

In his submissions, Odittah said that Alamieyeseigha has only recently undergone a major medical operation in Germany, noting that a prison custody is not a condusive environment for his speedy recovery. He urged the presiding magistrate to release on bail the Bayelsa State governor so he could attend to his health.

To support this plea, the defence team brought out a medical report from Alamie-yeseigha’s doctor, saying the wounds on his surgery have not healed and may have been infected. “If my client’s health is not attended to, his life may be endangered,” Odittah told the court.
He said there is no risk whatsoever that the Bayelsa governor would jump bail, noting that he is a man in position of authority, a good person who has no criminal record and a governor overseeing a state of at least five million people, elected not once but twice. He even tendered a letter from Bayelsa State attorney general and commissioner for justice that Alamieyeseigha would be brought back to court whenever he's needed.

Odittah said that Alamiey-eseigha's allegedly expensive lifestyle has not so much to do with his salary but his income. “A man who contested election to be governor and won twice has enough income to finance his lifestyle,” he said.

The defence counsel also said that as a state governor, Alamieyeseigha's functions are constitutional and as such cannot be delegated.

"Any inability on his part to perform his constitutional duties could throw Bayelsa into a major constitutional crisis. His being held here in London will deprive five million Nigerians of his services. Indeed it could even result to unrest," Odittah said.

He argued that the Bayelsa governor is being held on suspicion, particularly as the prosecution has said investigations have not been concluded, and expressed the fear that his political enemies may capitalise on this to cause his removal from office.

According to Odittah, "My client's political enemies can go and impeach him, a terrible price to pay on mere suspicion. What if afterall he's not found guilty?" He accused the Crown prosecution of persecuting Alamieyeseigha because he is from a developing country. "Can they do that to a governor from a US state?" he asked.
In concluding his submission, Odittah said that Alamieyeseigha has not been accused of stealing funds belonging to the British government. He said if the money he alleged stole belonged to a Nigerian government, he should be allowed to return to Nigeria so he could be prosecuted by the appropriate Nigerian authorities.

The presiding magistrate in his ruling said Alamieyeseigha should be remanded in prison custody. He said because the Bayelsa govenor has too much resources, "there is the likelihood of failure to surrender."
The magistrate also ruled that because the Bayelsa governor is not a Head of State, he is not covered by immunity from prosecution. In the same vein, the magistrate said that Alamieyeseigha cannot plead diplomatic immunity because he is not a diplomat. He adjourned the case to October 6 when he promised to transfer the matter to a higher court.