Eze Ndigbo Ajao Estate files appeal challenging conviction, Lagos Chiefs Law
By Onyewuchi Ojinnaka
His Royal Highness Eze Frederick Nkemdili Nwajago (Nwajagu), Eze Ndigbo of Ajao Estate, Lagos has filed Notice of Appeal at the Lagos Division of Appeal Court, challenging the judgement delivered on January 15, 2025 by Justice Yetunde Adesanya of the Lagos State High Court sitting at Tafawa Balewa Square.
The judge convicted him on count 4 of the charge of unlawfully parading himself as a titled chief in Lagos.
In his Notice of Appeal, filed by his Counsel Chief Emefo Etudo, Nwajago (Nwajagu) is challenging the constitutionality of Sections 26-36 of the Obas and Chiefs of Lagos State Law (1981), contending that these provisions violate Sections 39 and 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
He is urging the appellate court to overturn the lower court’s judgement in respect of his conviction under the Lagos State Chiefs Law.
Specifically he asks the Appeal court to nullify the lower court’s judgement, and grant him full acquittal and discharge
Recall that Justice Adesanya had previously acquitted and discharged Nwajagu of terrorism charges, ruling that the Lagos State Government failed to prove the allegations of terrorism against him beyond a reasonable doubt.
However, the court found him guilty of unlawfully parading himself as a titled chief in Lagos, which is an offence under the Obas and Chiefs Law of Lagos State, and therefore sentenced him to one year imprisonment without an option of fine.
The court held that since Nwajagu had already spent over two years in custody during the trial, it ruled that he had effectively served out his sentence and was free to go.
Nwajagu, 67, was arrested on April 1, 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 in Lagos.
In his Notice of Appeal, the Appellant through his Counsel Etudo, averred that the judgement was delivered despite the fact that the activities of the defendant and his Igbo-speaking community in Ajao Estate were constitutional, falling within their rights to freedom of association and expression, as guaranteed under Sections 39 and 40 of the 1999 Constitution.
It was further averred that any restriction imposed by the Obas and Chiefs of Lagos State Law (1981) on these constitutional rights is null and void in contrast and to the extent of its inconsistency with the Constitution of the Federal Republic of Nigeria, 1999 as amended.
The appellant contended that the trial and conviction of the defendant based on such unconstitutional curtailment of his rights were themselves unlawful.
The Appellant urged the Appeal court to rule that the learned trial judge erred in convicting the defendant for violating Section 34 of the Obas and Chiefs of Lagos State Law (1981) – a conviction which 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 averred 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.
Consequently, the Appellant sought the following reliefs in his appeal :
“A declaration that Sections 26 – 36 of OBAS AND CHIEFS OF LAGOS STATE LAW (1981) are unconstitutional and void as the provisions offend Sections 39 and 40 of 199 Constitution of the Federal Republic of Nigeria as amended.
“An order setting aside the entire decision of the court below, High Court of Lagos State as it relates to the contravention of OBAS AND CHIEFS OF LAGOS STATE LAW (1981); allowing the appeal; and discharging and acquitting the defendant in-toto.”
No date has been set for the appeal hearing.
