Almost two months after he was freed, the Eze Ndigbo of Ajao Estate, Frederick Nwajagu has filed an appeal against the judgment of the Lagos State High Court sitting at Tafawa Balewa Square which convicted him for unlawfully parading himself as a titled chief in Lagos.
In his Notice of Appeal, filed by his lawyer, Emefo Etudo, Nwajagu is challenging the constitutionality of Sections 26-36 of the Obas and Chiefs of Lagos State Law of 1981. He argued 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.
Nwajagu, 67, was arrested in April 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.
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.
The court however convicted and sentenced him to a one-year jail term for unlawfully parading himself as a titled chief in Lagos.
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.
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, and fell within their rights to freedom of association and expression, as guaranteed under Sections 39 and 40 of the 1999 Constitution.
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 to the extent of its inconsistency with the 1999 Constitution of the Federal Republic of Nigeria, as amended.
The appellant contended that his trial and conviction based on such unconstitutional curtailment of his rights were themselves unlawful.
He 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 further argued 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.
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.
“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.
No date has been set for the appeal hearing
