LAGOS, Nigeria – Justice Yetunde Adesanya of the Lagos State High Court, sitting at Tafawa Balewa Square, on Friday, July 28, 2023, denied bail to Frederick Nwajagu, known as Eze Ndigbo of Ajao Estate, who faces prosecution over allegations of terrorism.
The denial comes after a tense courtroom argument over the nature of the charges, which include an attempt to commit acts of terrorism, financing terrorism, participation in terrorism, and meeting to support a proscribed entity.
In her ruling, Justice Adesanya remarked, “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.”
Nwajagu had sought bail on July 25, 2023, asserting that his medical condition warranted it and that he did not pose a flight risk.
The court, however, declined the request, ordering instead an accelerated hearing of the case, scheduled for October 3, 2023.
In an effort to balance the needs of the accused with the gravity of the charges, the judge did direct correctional facility officials to make arrangements for Nwajagu to receive treatment at a government hospital.
The defendant’s counsel, Mr. E.C. Obiagu (SAN), had urged the court to consider his client’s bail plea, highlighting Nwajagu’s status as a widower with six children and his lack of an international passport, which Obiagu argued would minimize the risk of flight.
“The defendant was granted bail at the lower court but was not able to perfect the bail due to its stringent condition,” Obiagu further explained.
But the Lagos state Deputy Director for Public Prosecutions, Jonathan Ogunsanya, countered, pressing the court to reject the defendant’s bail and to order a swift trial.
“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,” Ogunsanya contended.
“The charge brought against the defendant by the police are materially different from the charge brought against the defendant by the attorney general.”
The charges stem from Nwajagu’s alleged threat to summon members of the Indigenous People of Biafra to Lagos to secure properties of Igbo people in the state.
The prosecution has argued that these actions breach Section 403(2) of the Criminal Law of Lagos State, 2015, as well as Sections 12(a) (c), 18, 21, and 29 of the Terrorism (Prevention & Prohibition) Act, 2022.
The case, with suit No: LD/21505C/2023, adds to the mounting legal tensions surrounding security and separatist movements in Nigeria.
As it progresses, it is likely to be closely watched both within Lagos and beyond.
