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Court discharges 35 Biafra agitators

A Magistrate Court sitting in Port Harcourt has discharged 35 Biafra agitators charged with conspiracy to commit treasonable felony, for want of diligent prosecution.

PHOTO: BBC.CO.UK

A Magistrate Court sitting in Port Harcourt has discharged 35 Biafra agitators charged with conspiracy to commit treasonable felony, for want of diligent prosecution.

The News Agency of Nigeria (NAN) reports that the accused were arrested on Jan. 20 during a march to commemorate the inauguration of United States of America President, Mr Donald Trump.

Discharging the accused persons on Friday, the Magistrate, Mr Andrew Jaja, said treasonable felony was a capital offence, punishable by death.

According to the magistrate, the court had the constitutional power to discharge the accused persons on ground of lack of diligent prosecution.

Jaja said that the accused had stayed 37 days in prison custody without the commissioner of police, Director of Public Prosecution (DPP) and Attorney-General (AG) showing interest in the prosecution.

He said that the DPP, Attorney-General and Commissioner of Police did not indicate that there was prime facie to qualify the accused for prosecution or otherwise.

Jaja lamented that the court had adjourned many times to enable the three authorities make inputs or show that the accused were liable to prosecution, but to no avail.

“The court has the right to grant them bail; “The adjournment has elapsed, without the State Commissioner of police and AG making their inputs into the matter.

“The court has the right (power) to grant the accused persons bail or discharge them in line with the constitution”, he said.

The magistrate, however, warned the accused to remain peaceful and desist from embarking on further protest.

Jaja said that they would not find it easy next time they were brought to court on the same charge.

NAN reports that there was jubilation outside the court by the relations and friends of the discharged persons.

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3 Comments

  • Author’s gravatar

    The police then must pay for damages fior detaining them

  • Author’s gravatar

    “The court has the right to grant them bail; “The adjournment has
    elapsed, without the State Commissioner of police and AG making their inputs into the matter.”

    Why? Probably waiting for orders from their masters in Abuja because they really don’t know what they are doing?

    “The magistrate, however, warned the accused to remain peaceful and desist from embarking on further protest.”
    That is sheer stupidity and ignorance coming from the magistrate and makes one to wonder from which law school he graduated. No one, not even the president of Nigeria can tell any Nigerian to desist from protest! And no policeman has any right to arrest anyone on protest or demonstration except he carrys out a criminal offence during the protest. Moreover there is no where in Nigeria’s constitution it is written that you even have to inform the police before going on your protest. If the police heard of the protest and decide to come, they can only stand aside and look( to see that no crime is being committed) – that is if they have no better things to do in their station.
    However since many Nigerians don’t know their rights they are easily oppressed.

  • Author’s gravatar

    They have nothing to bring forth against these boys. Even the mention of treason shows how daft even the magistrate is including the DSS and the Police. What has identifying with the joy of another person got to do with treasonable felony? Shame on Buhari and his Team. Very poor representation of a National Security out fit and National Judiciary. Now, can anything hinder these ill treated fellows from taking redress?