A self acclaimed monarch, Eze Ndigbo of Ajao Estate, Frederick Nwajagu, has appealed the judgment of Justice Yetunde Adesanya of the Lagos State High Court sitting at Tafawa Balewa Square.
Recall that Mr. Frederick was convicted for unlawfully parading himself as a titled chief in the state.
In his Notice of Appeal, filed by his lawyer, Chief Emefo Etudo, Nwajagu on Tuesday, challenged the constitutionality of Section 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 urged the appellate court to overturn the lower court’s ruling regarding his conviction and grant him a full acquittal and discharge.
The 67 years old was arrested in April 2023, following a viral video where he allegedly threatened to invite members of the Indigenous People of Biafra to Lagos to protect the properties of Igbo residents.
At his trial, Justice Yetunde Adesanya 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 offence under the Obas and Chiefs Law of Lagos State and sentenced him to one year in prison without an option of a fine.
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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.
In the notice of appeal filed by his lawyer to challenge his sentence, Nwajagu submitted that the judgment was delivered despite that the activities of the defendant and his Igbo-speaking community in Ajao Estate were constitutional.
He further argued that any restriction imposed by the Obas and Chiefs of Lagos State Law (1981) on these constitutional rights is null and void.
The appellant contended that his trial and conviction based on such unconstitutional curtailment of his rights were themselves unlawful.
Nwajagu asked 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 he argues contradicts Section 166 of the Administration of Criminal Justice (Repeal and Re-enactment) Law of Lagos State 2015.
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.
Nwajagu said: “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.”
Meanwhile, no date has been set for the appeal hearing.
via: Information Nigeria
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