Eze Ndigbo of Ajao Estate, Lagos, Eze Federick Nkemdilim Nwajagu.

The decision of a Lagos State High Court sitting at the Tafawa Balewa Square, and presided over by Justice Yetunde Adesanya to denial a bail brought before it by the Eze Ndigbo of Ajao Estate, Lagos, Eze Federick Nkemdilim Nwajagu has not gone down well with the Ohanaeze Ndigbo, Lagos State.

Recall that Counsel to the Eze, Chino Obiagwu SAN, had while addressing the court last week when the matter came up on the basis of an earlier bail application, noted that his client deserved to be granted bail, and that the court has the discretion to grant such a bail, arguing that the defendant had already been granted bail by a lower court but that he could not meet the bail conditions.

Justice Adesanya had in turning down the bail application, upheld the counter motion by the state’s prosecution Counsel and Deputy Director in the Ministry of Justice, Jonathan Ogunsanya, which urged the court to denial the defendant bail and opt for accelerated and speedy trial.

President of Ohanaeze Ndigbo Lagos State, Chief Sunday Ossai, while commenting on the decision of the court, wondered why the court still refused to admit the traditional ruler on bail.

“He is supposed be granted bail by now since it is bailable offence he is alleged to have committed, but we do not know why. We have made several appeals, yet they are still holding him down”, the president noted. He therefore urged the court to uphold the principles of justice, equity and fairness by granting him bail.

Meanwhile, another group identified as Nzuko Ndigbo, while also reacting to the continued detention of the Eze and the decision of the court not to grant him bail as a ploy incarcerate him perpetually like the case of the leader of the Indigenous People of Biafra IPOB, Mazi Nnamdi Kanu.

Coordinator of the group, Mr. John Ukwuenyi Johnson, who bemoaned the decision of the court to deny him bail, noted that the long detention of the Eze Ndigbo was not in the interest of justice in the country.

He urged relevant authorities in the country to put pressure on the court to grant him bail. He however expressed optimism that the would be granted bail eventually.

Recall that Nwajagu was arrested by operatives of the Department of State Services DSS over an alleged threat to invite members of the Indigenous People of Biafra IPOB to Lagos to secure properties of Igbo people in the state, which the state described as alleged terrorism.

He was however arraigned on a nine-count charge bordering on an attempt to commit acts of terrorism, participate in terrorism, meet to support a proscribed entity, attempt to finance an act of terrorism, and prepare to commit an act of terrorism.

According to a suit marked no: LD/21505C/2023, his offenses contravene the provision of section 403(2) of the Criminal Law of Lagos State, 2015, and sections 12(c), 18, 21, 29 & 12(a) of the Terrorism (Prevention & Prohibition) Act, 2022, among others.

The defence Counsel, Obiagwu had also told the court that his client is a law-abiding citizen of Nigeria, having responded to the invitation of the Department of State Services without waste of time. He also noted that the accused person is not a security threat and would be available to face the charge against him.

The Learned SIC said “My Lord, the accused is well over 70 years of age, a widower with six children. I don’t think he has any reason to run away leaving his six innocent children and for who? My Lord, the accused person does not even have an international passport and seriously wonder how and why he would run away.’’

He noted that the bail application was filed before the court on June 26, 2023, and supported by two affidavits as well as the health records of the accused person.

In the application, the Counsel sought two reliefs; which include an order to admit the accused person to bail and another order restraining the claimants from re-arresting him after the bail had been granted and bail conditions met.

Obiagwu further told the court that in response to a counter affidavit opposing the bail application, the counsel had filed an affidavit on July 14. Citing section 1152 of the Criminal Code, the learned averred that it is within the discretion of the Court to admit the defendant to bail where a felony is not punishable by death.

He therefore urged the court to admit the defendant to bail, which the court has turned down.