EZE NDIGBO OF AJAO ESTATE APPEALS CONVICTION, CHALLENGES LAGOS CHIEFS LAW
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By Aishat Momoh. O.
Frederick Nwajagu, the Eze Ndigbo of Ajao Estate, has filed an appeal against his conviction by the Lagos State High Court at Tafawa Balewa Square. The court had previously found him guilty of unlawfully presenting himself as a titled chief in Lagos.
In January, Justice Yetunde Adesanya convicted Nwajagu for unlawfully parading himself as a titled chief in Lagos. On Tuesday, Nwajagu, through his lawyer, Emefo Etudo, filed a Notice of Appeal challenging the constitutionality of Sections 26-36 of the Obas and Chiefs of Lagos State Law (1981). He contends that these provisions violate Sections 39 and 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Nwajagu is asking the appellate court to overturn the conviction and fully acquit and discharge him. The appeal emphasizes that the provisions of the Lagos Chiefs Law infringe upon his constitutional rights to freedom of expression and association, as enshrined in the Constitution.
Notably, Nwajagu had previously been acquitted of terrorism charges, as the Lagos State Government failed to prove the allegations against him beyond a reasonable doubt. However, the court convicted him for unlawfully presenting himself as a titled chief under the Obas and Chiefs Law, sentencing him to one year in prison without an option of a fine. Since he had already served over two years in custody during the trial, the court ruled that he had effectively served his sentence and was free to go.
Nwajagu, 67, was arrested on April 1, 2023, after a viral video surfaced in which he allegedly threatened to invite members of the Indigenous People of Biafra (IPOB) to Lagos for the protection of Igbo residents’ properties.
In his Notice of Appeal, Nwajagu’s legal team argues that his activities and those of his Igbo-speaking community in Ajao Estate were constitutional, falling within their rights to freedom of association and expression under Sections 39 and 40 of the 1999 Constitution. They contend that any restriction imposed by the Obas and Chiefs Law of Lagos State (1981) on these rights is invalid to the extent it conflicts with the Constitution.
The appellant also asserts that the conviction was based on an unconstitutional limitation of his rights and that the trial was unlawful. He further argues that the trial judge erred in convicting him under Section 34 of the Obas and Chiefs Law, which contradicts Section 166 of the Administration of Criminal Justice (Repeal and Re-enactment) Law of Lagos State 2015.
Nwajagu’s legal team maintains that the prosecution failed to prove any contravention of Section 34 of the Lagos State law. They argue that there was no evidence supporting the nine charges filed against him, nor any other offense. Additionally, they state that Nwajagu and his Igbo community never issued any public declarations or created a kingship or chieftaincy.
Nwajagu’s appeal seeks to challenge the conviction and highlight that his cultural activities within his private residence cannot be construed as establishing a kingship or chieftaincy.
As of now, no date has been set for the appeal hearing.
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