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By Brown Chimezie
The counsel to detained Eze Nwajagu, Eze Ndigbo Ajao, Lagos, Barr Mrs Agubuzor Nkechi, has described the continued detention of the monarch as denial of justice.
Barr. Mrs. Agubuzor said Eze Nwajagu was taken to Court 2, Yaba Magistrate›s Court on April 5, 2023, after being kept in police custody for five days.
Furthermore, the counsel noted that the Prosecutor came to the court prepared with an application for remand of the Defendant in the court custody for 30 days.
In an ensuing argument, counsel to the Defendant cited the joint Provisions of 36,(1) of the 1999 Constitution as amended, which said the suspect is entitled to fair hearing within ‘reasonable time,’ in court. The provisions of section 35,(4) which states that the accused is presumed guilty until proven guilty, in consonance with the provisions of section 168 (d) of the Administration of Criminal Justice Law of Lagos State.
Counsel reminded the court that its discretion to grant the application for remand ought to be based on rules of law and not on the whims and caprices of the Prosecutor or on the verbose exaggeration made with excitement.
“The interest of justice must be considered on the tenets of law, which must not only be seen, but must manifestly be seen by the ordinary person, in order to satisfy the elements of justice dispelled,” the counsel argued.
She noted that the suspect had not been asked for his International passport, much less the thought of being a potential risk. Counsel noted that it would amount to prejudice not to consider the fact of suspicion of commission of the alleged crime before granting an order to remand the suspect for 30 days.
Finally, the defence counsel noted that the application for remand was in itself a denial of justice and pleaded that the court discountenance it, but rather admit the suspect to bail on the condition of a reliable surety.
Counsel inferred that emotions were built during the governorship election along tribal and political lines, and many could not control themselves.
“Eze Nwajagu was a victim who expressed deep concern over the destruction of the lives and properties of Igbo in Lagos,” he argued.
The magistrate, in his ruling, granted the application for remand and noted that the application of the prosecutor was flimsy but on his discretion, considering that the alleged offence occurred in the presidential election, the reason for which the court should await the advice of the Director of Public Prosecutor.
Chairman of Ohanaeze Ndigbo Lagos; Chief Mike Kelechi Orji, noted the alleged offence was committed after the governorship election.
Also, Eze C. C Nwokedi, the Chairman, Eze Council of Igbo Speaking Community, said the body conferred Eze Fred Nwajagu with the title of Eze Igbo of Ajao Estate, adding that he didn’t know that the matter would be taken to court.
Chief Sunday Udeh, President, Igbo Speaking Community in Lagos, said Eze Nwajagu did not deserve the level of ill treatment meted to him when MC Oluomo and others were granted pardon, despite the alleged atrocities they committed during the election.
