28th July, 2023
By Chinyere Omeire
Citing the seriousness of the terrorism allegation filed against him, a Lagos High Court on Friday, refused the bail application of Eze Ndigbo of Ajao Estate, Frederick Nwajagu.
Nwajagu was arrested by operatives of State Security Services over an alleged threat to invite members of the Indigenous People of Biafra, IPOB, to Lagos to secure property of Igbo people in the state.
Lagos State Government had, in a suit marked LD/21505C/2023, said that the alleged offences contravened the provisions of Section 403(2) of the Criminal Law of Lagos State, 2015.
The state added that the offences contravened Sections 12(a) (c), 18, 21 and 29 of the Terrorism (Prevention & Prohibition) Act, 2022.
Thus, Nwajagu was subsequently arraigned on a nine-count charge bordering on attempt to commit terrorism, financing terrorism, participating in terrorism and meeting to support a proscribed entity.
The defendant had, on July 25, applied for bail, citing his medical reports.
He said that he was not a flight risk.
But ruling on the bail application on Friday, Justice Yetunde Adesanya, said the court is constrained to refuse it because of the seriousness of the offence allegedly committed by Nwajagu.
InStead, the Judge ordered accelerated hearing of the case.
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 accelerated hearing is hereby granted.”
The judge, however, directed correctional centre officials to make an arrangement for the defendant to visit a public hospital for treatment.
At the last adjourned date, counsel to the defendant, Mr E. C. Obiagu (SAN), prayed the court to grant bail to the defendant on medical grounds.
He also told the court that the defendant was a widower and had six children and, therefore, would not jump bail.
Obiagu claimed that the defendant did not possess an international passport and would not be a flight risk.
The senior advocate of Nigeria also said that the defendant was granted bail by a lower court but was not able to perfect the bail due to its stringent conditions.
Responding, prosecution counsel, Mr Jonathan Ogunsanya, urged the court to refuse the bail application.
Ogunsanya, who is Lagos State Deputy Director of Public Prosecutions, however, urged the court to grant accelerated hearing of the case.
He said, 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 argued that the charges brought against the defendant by the police at the lower court were materially different from the charge brought against him by the state attorney-general.
OCC/GOM/IGO
============
Edited by Gregg Mmaduakolam/Ijeoma Popoola