Tension as Lagos High Court refuses to grant Eze Ndigbo bail

By Collins Nkwocha

Some Igbo group in Lagos State have kicked against the refusal of the Lagos State High Court presided by Justice Yetunde Adesanya to grant bail to the Eze Ndigbo Ajao, Eze Federick Nkemdilim Nwajagu who has been in prison custody since March 2023.

President of Ohanaeze Ndigbo Lagos State, Chief Sunday Ossai wondered why the court still refused to grant the traditional ruler on bail.
“He is supposed be granted bail by now , but we do not know why. We have made several appeals , yet they still hold him.”
Ossai therefore called on the court to grant him bail.

The Coordinator of Nzuko Ndigbo, Mr John Ukwuenyi Johnson was not pleased with the long detention of the Eze Ndigbo, and called on the authorities to grant him bail. ” We all expected that he will be granted bail today, but was disappointed. However, we believe that he will be granted bail.”

Counsel to the Nwajagu, Chino Obiagwu , SAN, had submitted a bail application to the court demanding that the Eze Ndigbo who had been in prison custody since March, 2023, is sick and should be granted bail to seek medical attention.

It could be recalled that Nwajagu was detained by agents of the Department of State Services (DSS) in March 2023 for allegedly threatening to invite members of the Indigenous People of Biafra (IPOB) to Lagos State to protect the lives and properties of Ndigbo in the state, an act that the state has designated as terrorism.

Chino Obiagwu SAN, while addressing the court based on an earlier application when the matter came up Tuesday this week noted 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 failed to meet the bail conditions.

Obiagwu 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.
“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.

Meanwhile, the state’s counsel and Deputy Director in the Ministry of Justice, Jonathan Ogunsanya, who represented the Attorney General of Lagos State, Moyosore Onigbanjo, urged the court not to grant the bail application in respect of the defendant.

In a 23–point counter affidavit deposed to by the Principal Counsel of Lagos State Ministry of Justice, the prosecution counsel urged the court not to grant Nwajagu bail citing a Police report.

Ogunsanya, while addressing the court also argued that the defendant might not want to stand for the trial, arguing that when it became obvious that he was to be arrested, he fled his residence in Ejigbo, Lagos.

Recall that the Ezendigbo was 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.

But the defendant denied all the allegations and pleaded not guilty to all counts.

Next sitting on the matter has been fixed for 3rd and 4th October 2023.