Almost two months after his release, the Eze Ndigbo of Ajao Estate, Frederick Nwajagu, has filed an appeal against his conviction by the Lagos State High Court sitting at Tafawa Balewa Square 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, arguing that these provisions violate Sections 39 and 40 of the 1999 Constitution of Nigeria. He is asking the appellate court to overturn the lower court’s ruling and grant him full acquittal.
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. During his trial, Justice Yetunde Adesanya acquitted him of terrorism charges, ruling that the Lagos State Government failed to prove its allegations beyond a reasonable doubt. However, the court convicted him of unlawfully parading himself as a titled chief in Lagos and sentenced him to a one-year jail term. Since he 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 his appeal, Nwajagu argues that his activities and those of the 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. He contends that any restriction imposed by the Obas and Chiefs of Lagos State Law is null and void to the extent of its inconsistency with the Constitution. He further asserts that his conviction contradicts Section 166 of the Administration of Criminal Justice (Repeal and Re-enactment) Law of Lagos State 2015 and that the prosecution failed to establish a violation of Section 34 of the Obas and Chiefs Law.
He maintains that neither he nor his community issued any public proclamation establishing 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,” his appeal states.
No date has been set for the appeal hearing.
Nwajagu was arrested on April 1, 2023, for allegedly threatening to invite IPOB members to Lagos to protect Igbo properties. In a 49-second viral video, he was heard saying, “IPOB, we will invite them. They have no job. All of the IPOB will protect all of our shops. And we have to pay them. We have to mobilize for that. We have to do that. We must have our security so that they will stop attacking us at midnight, in the morning, and in the afternoon.” On April 5, he was arraigned before a magistrate’s court on charges of conspiracy and conduct likely to cause a breach of public peace. The police alleged that he instilled fear in Lagos residents by threatening to bring IPOB to the state and publicly stated that IPOB would shut Lagos down for a month.
Despite being granted bail of N1 million with four sureties by Chief Magistrate Peter Nwaka on May 6, 2023, Nwajagu was unable to meet the conditions and remained in custody. On May 9, 2023, the Lagos State Government arraigned him on a nine-count charge related to attempts to commit acts of terrorism, participation in a terrorism meeting, and preparation to finance an act of terrorism under the Terrorism (Prevention & Prohibition) Act, 2022. He pleaded not guilty, and his trial commenced on July 4, 2024.
During the trial, prosecution witness Raulat Ibrahim, a civil servant at the Ministry of Local Governments, Chieftaincy Affairs, and Rural Development, testified that the title of Eze Ndigbo was not recognized under Lagos State law. She detailed the procedures for confirming a chieftaincy title, explaining that it required government approval and recognition through a structured process involving multiple state ministries and the governor’s office. She emphasized that no recognized Oba or chief existed in Ajao Estate.
In her January judgment, Justice Adesanya ruled that Nwajagu was guilty of unlawfully parading himself as a titled chief in Lagos, sentencing him to one year in prison without an option of a fine. However, since he had already spent over two years in custody, he was deemed to have served his sentence and was released.
Source: Linda Ikeji Blog
