Frederick Nwajagu

Akin Kuponiyi

Eze Ndigbo of Ajao Estate, in Lagos state, Frederick Nwajagu, has appealed the judgment of Justice Yetunde Adesanya of the Lagos State High Court sitting at Tafawa Balewa Square which convicted him of unlawfully parading himself as a titled chief in Lagos.

In his Notice of Appeal, filed by his lawyer, Chief Emefo Etudo, the appellant 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 urging the appellate court to overturn the lower court’s ruling regarding his conviction under the Lagos State Chiefs Law. Consequently, he seeks a full acquittal and discharge.

Justice Adesanya had previously acquitted and discharged Nwajagu of terrorism charges, ruling 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 offense under the Obas and Chiefs Law of Lagos State, and sentenced him to one year in prison without the 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.

In his Notice of Appeal, the Appellante through his lawyer, Etudo, 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 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 contended 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 offenses if the evidence supports such findings. However, 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 offense.

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 title.