KINGSLEY EBERE
It appears that Eze Ndigbo of Ajao Estate, Eze Frederick Nwajiagu, may spend longer time in prison custody over alleged terrorism charges following denial of bail application filed by his Counsel at the Lagos State High Court.
P.M.EXPRESS reports that the Presiding Judge, Justice Yetunde Adesanya, of the Lagos State High Court, sitting at Tafawa Balewa Square, on Friday rejected the bail application and ordered his continued stay at Ikoyi Correctional Centre, from where he is being prosecuted over alleged terrorism.
The vacation Judge held that the Court was constrained to refuse the bail application based on the seriousness of the offence and the severity of its punishment.
Eze Nwajiagu is standing trial on a nine-count charge bordering on an attempt to commit acts of terrorism, financing terrorism, participating in terrorism, and meeting to support a proscribed organization.
The defendant had applied for bail on 25th July, 2023, on health grounds based on his medical reports, adding that he was not a flight risk.
However, at the resumed hearing, the Court declined the defendant’s bail application and ordered for an accelerated hearing.
Justice Adesanya held, “Based on the seriousness of the offence, the severity of the punishment, and the proof of evidence before the Court, the Court is constrained to refuse the bail application. The application for an accelerated hearing is hereby granted”.
The judge also directed the Correctional facility officials to make arrangements for the defendant to visit a government hospital for his treatment.
The matter was further adjourned till 3rd October, 2023, for hearing.
On the last adjourned date, counsel to the defendant, Mr. E. C. Obiagu (SAN), had prayed the Court to grant the defendant bail on grounds of his medical condition.
He also told the Court that the defendant was a widower, who had six children who he would not abandon, therefore would not jump bail.
Obiagu claimed that the defendant does not possess an international passport, therefore, was not a flight risk.
The defence counsel also said that the defendant was granted bail at the lower Court but was not able to perfect the bail due to its stringent condition.
In his response, the Lagos State Deputy Director for Public Prosecutions, Jonathan Ogunsanya, however, urged the Court to refuse the defendant’s bail and asked the Court to order an accelerated hearing on the matter.
Ogunsanya told the Court that among other things that the circumstances under which the defendant was granted bail at the lower Court was different from the information filed against him at the High Court.
He contended that the charge brought against the defendant by the Police are materially different from the charge brought against the defendant by the Attorney General.
The Lagos State Government had in a suit No: LD/21505C/2023, alleged that the defendant’s acts contravened Section 403(2) of the Criminal Law of Lagos State, 2015.
The State noted that the offences also contravened Sections 12(a) (c), 18, 21, and 29 of the Terrorism (Prevention & Prohibition) Act, 2022.
Nwajiagu was arrested by operatives of the Department of State Services over an alleged threat to invite members of the Indigenous People of Biafra to Lagos to secure properties of Igbo people in the state.
He was arrested and charged before Yaba Magistrate Court before the matter was transferred to the High Court for trial after DPP’s report found him culpable.