Convicted Eze Ndigbo Nwajagu Files Appeal, Argues Cultural Activities in Private Residence Don’t Establish Kingship

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

He is asking the appeals court to overturn the lower court’s ruling regarding his conviction under the Lagos State Chiefs Law.

Nwajagu is further seeking a full acquittal and discharge.

Justice Yetunde Adesanya had in her judgment acquitted and discharged Nwajagu of terrorism charges and held 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 offence 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 more than a year 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 to Lagos to protect the properties of Igbo in residents.

In his Notice of Appeal, the Appellant, through his counsel Nwajagu, submitted that the judgment was delivered even though 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 his trial and conviction based on such unconstitutional curtailment of his rights were themselves unlawful.

He urged 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 that contradicts Section 166 of the Administration of Criminal Justice (Repeal and Re-enactment) Law of Lagos State 2015.

Nwajagu 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 offences if the evidence supports such findings.

Nwajagu stated that 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 offence.

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 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 said.