Lagos High Court fixes July 28 for ruling on bail application for Eze Ndigbo

By Collins Nkwocha

A Lagos State High Court sitting at Tafawa Balewa Square TBS, Lagos,
presided over by Justice Yetunde Adesanya has fixed Friday, July 28,
2023 for ruling on a bail application brought before it by counsel to
Eze Ndigbo of Ajao Estate in Lagos, Frederick Nkemdilim Nwajagu, Chino
Obiagwu SAN.
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 has categorised as alleged
terrorism.
Chino Obiagwu SAN, while addressing the court on the basis of an
earlier application when the matter came up Tuesday, 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.
He 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 that he 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 sun away leaving his six
innocent children and for who? My Lord, the accused person does not
even have an international passport and on seriously wonders how and
why he would run away’’. The Learned SIC also told the court.
He noted that the bail application was filed before the court on June
26, 2023 and supported by two affidavits as well as 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.
He 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 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 lbukunl bikunle,
Female, Christian, Nigerian, Principal State Counsel of Lagos State
Ministry of Justice, the prosecution counsel urged the court not to
grant him bail citing Police report.
The lead prosecution counsel, Jonathan 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 going to be
arrested, he fled his residence in Ejigbo, Lagos.
Recall that the Ezendigbo was arraigned on 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 preparation to commit an act of terrorism.
According to a suit marked no: LD/21505C/2023, his offences 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 defendant
denied all the allegations and pleaded not guilty to all counts.
In addition to the bail application, which has been fixed for Friday,
July 28, 2023 at 12 noon, the trial has also been fixed for October
26, 2023.
END.