Almost two months after he was freed, the Eze Ndigbo of Ajao Estate, Frederick Nwajagu, has filed an appeal against the judgment of the Lagos State High Court sitting at Tafawa Balewa Square which convicted him for unlawfully parading himself as a titled chief in Lagos.

In his Notice of Appeal, filed by his lawyer, Emefo Etudo, Nwajagu is challenging the constitutionality of Sections 26-36 of the Obas and Chiefs of Lagos State Law of 1981. He argued that these provisions violate Sections 39 and 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

He urged the appellate court to overturn the lower court?s ruling regarding his conviction and grant him a full acquittal and discharge.

Nwajagu, 67, was arrested in April 2023, following a viral video in which he allegedly threatened to invite members of the Indigenous People of Biafra (IPOB) to Lagos to protect the properties of Igbo residents.

At his trial, Justice Yetunde Adesanya acquitted and discharged Nwajagu of terrorism charges, ruling that the Lagos State Government failed to prove the allegations beyond a reasonable doubt.

The court however convicted and sentenced him to a one-year jail term for unlawfully parading himself as a titled chief in Lagos.

Since Nwajagu had already spent over two years in custody during the trial, the court ruled that he had effectively served his sentence and was free to go.

In the notice of appeal filed by his lawyer to challenge his sentence, Nwajagu submitted that the judgment was delivered despite that the activities of the defendant and his Igbo-speaking community in Ajao Estate were constitutional, and fell within their rights to freedom of association and expression, as guaranteed under Sections 39 and 40 of the 1999 Constitution.

He further argued that any restriction imposed by the Obas and Chiefs of Lagos State Law (1981) on these constitutional rights is null and void to the extent of its inconsistency with the 1999 Constitution of the Federal Republic of Nigeria, as amended.

The appellant contended that his trial and conviction based on such unconstitutional curtailment of his rights were themselves unlawful.

He asked the court to rule that the learned trial judge erred in convicting him for violating Section 34 of the Obas and Chiefs of Lagos State Law (1981)?a conviction he argues contradicts Section 166 of the Administration of Criminal Justice (Repeal and Re-enactment) Law of Lagos State 2015.

He further argued that the prosecution failed to establish a contravention of Section 34 of the Obas and Chiefs of Lagos State Law (1981).

He stated that this section allows conviction for other offenses if the evidence supports such findings. However, the circumstances of this case do not justify the conviction under Section 34 of the Obas and Chiefs of Lagos State Law (1981), as the prosecution failed to prove any of the nine charges filed against the defendant or any other offense.

He argued that the defendant and his Igbo-speaking community did not issue any statement, decree, edict, law, or act publicly proclaiming the creation of a kingship or chieftaincy.

?The defendant did not present himself to the general public as a traditional ruler or create public awareness of such a title.

?His cultural activities within his private residence cannot, by themselves, establish a kingship or chieftaincy.

No date has been set for the appeal hearing

Background

In the 49-second viral video, Nwajago was heard saying, ?IPOB, we will invite them. They have no job. All of the IPOB will protect all of our shops. And we have to pay them. We have to mobilise for that. We have to do that. We must have our security so that they will stop attacking us at midnight, in the morning, and in the afternoon.?

He was arrested on April 1, 2023, for allegedly threatening to invite members of the Indigenous People of Biafra (IPOB) to Lagos to protect the properties of Igbo residents.

On April 5th, was docked before the Magistrate court by the police on a two count charge of conspiracy and conduct likely to cause a breach of public peace.

The police prosecutor, SP Thomas Nurudeen told the court that the Eze Ndigbo and some others at large committed the offences on March 26 at No. 2, Akeem Shitu St., Ajao Estate, Lagos State.

He alleged that Nwajagu put fear in Lagos residents when he threatened to bring IPOB to the state. Nwajagu was also said to have publicly stated that IPOB would shut Lagos State for one month.

The defendant, however, pleaded not guilty to the charge.

On May 6th, Chief Magistrate Peter Nwaka, granted the defendant bail in the sum of N1m with 4 sureties, all of whom must be resident in Lagos.

The court also ordered that one of the sureties must own a property in Lagos which must be registered with the land bureau and which documents must be deposited with the court.

But he was unable to meet the bail conditions and remained in custody.

On May 9th, 2023, Nwajagu was arraigned by the Lagos State Government on a nine-count charge bordering on attempts to commit Acts of Terrorism under Section 403(2) of the Criminal law of Lagos State, 2015; Participation in Terrorism Meeting to Support a Proscribed Entity, Attempt to finance an Act of Terrorism, Preparation to commit an Act of Terrorism under Sections 12(c), 18, 21, 29 & 12(a) of the Terrorism (Prevention & Prohibition) Act, 2022, amongst others.

The defendant pleaded NOT GUILTY to all nine counts and the trial was adjourned to July the 4th, 2024.

During trial, one of the prosecution?s witnesses, Mrs Raulat Ibrahim told the court that Eze-Ndigbo was not a recognised Chieftaincy title in Lagos State.

The witness who is a civil servant at the Ministry of Local Governments, Chieftaincy Affairs and Rural Developments, narrated to the court the processes involved in confirming a chieftaincy title in Lagos State.

The witness said that the procedure was governed by the Obas and Chiefs Law of Lagos State, 2015.

She noted that there was no Oba or any recognised chief in Ajao Estate.

The witness explained that for the Obas, the local government will forward the requirement letter to the ministry and then they will send it to the Ministry of Justice, where it will be forwarded to the Lagos state standing tribunal inquiry for chieftaincy matters.

She stated that the standing tribunal publishes the name in the national newspaper, and interested parties will join the tribunal.

?After it has been resolved, the file will be sent back to our ministry for further processing. Then we start all over again to the Ministry of Justice to the governor?s office etc. Then the ministry will now issue a letter of approval. On the installation day, a certificate of issue will be sent by the Governor for approval, then the ministry will install the Oba.

?The letter of approval will be signed by the permanent secretary of the ministry. There is no installation for Chief. It?s the letter that shows his recognition as a chief in Lagos state,? Ibrahim said.

Ibrahim also told the court that the defendant did not parade himself as Elegushi of Ikate, Baale of Addo nor any of the recognised chiefs.

In her judgment in January, Justice Yetunde Adesanya had convicted Nwajagu for unlawfully parading himself as a titled chief in Lagos.

Justice Adesanya had previously acquitted and discharged Nwajagu of terrorism charges, ruling that the Lagos State Government failed to prove the allegations beyond a reasonable doubt.

However, the court found him guilty of unlawfully parading himself as a titled chief in Lagos, an offense under the Obas and Chiefs Law of Lagos State and sentenced him to one year in prison without an option of a fine.

Since Nwajagu had already spent over two years in custody during the trial, the court ruled that he had effectively served his sentence and was free to go. (Channels TV)

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