Frederick Nwajagu, also known as the “Eze Ndigbo of Ajao Estate” in Lagos, has filed an appeal against his conviction by a Lagos High Court for unlawfully parading himself as a titled chief
Nwajagu’s lawyer, Chief Emefo Etudo, argues that the conviction violates Nwajagu’s rights to freedom of association and expression, as guaranteed by the Nigerian Constitution.
The appeal challenges the constitutionality of Sections 26-36 of the Obas and Chiefs of Lagos State Law of 1981, which Nwajagu claims are inconsistent with Sections 39 and 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
He wants the appellate court to overturn the lower court’s ruling regarding his conviction under the Lagos State Chiefs Law and also seeks a full acquittal and discharge.
Persecondnews recalls that Justice Yetunde Adesanya sitting at Tafawa Balewa Square on Lagos Island had acquitted and discharged Nwajagu of terrorism charges, stating that the Lagos State Government failed to prove the allegations beyond a reasonable doubt.
He was, however, found guilty of unlawfully parading himself as a titled chief in Lagos, an offence under the Obas and Chiefs Law of Lagos State, and sentenced him to one year imprisonment 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.
Nwajagu, 67, was arrested on April 1, 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.
The appellant through his lawyer, Chief Nwajagu submitted that the judgment was delivered despite the fact that the activities of the defendant and his Igbo-speaking community in Ajao Estate were constitutional, falling within their rights to freedom of association and expression, as guaranteed under Sections 39 and 40 of the 1999 Constitution.
It was 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 the trial and conviction of the defendant based on such unconstitutional curtailment of his rights were themselves unlawful.
The court was urged to rule that the learned trial judge erred in convicting the defendant for violating Section 34 of the Obas and Chiefs of Lagos State Law (1981)—a conviction that 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 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,” he averred.
No date has been fixed for the hearing of the appeal.
Author
Leave a comment