An Enugu East adjudicator Court has remanded a hundred and forty members of the native People’s of Biafra (IPOB) over alleged try to overthrow President Muhammadu Buhari.
The court presided by adjudicator A. N. Chioke was told that the defendants, WHO were delivered to the court in 3 608 buses and one eighteen seater bus, had conspired to commit crime to wit treason.
The trial passed below the foremost inhuman condition because the defendants were under the scotching sun whereas the adjudicator presided under a makeshift park among the court premises.
The offence was same to be punishable below Section 516 (A) of the Criminal Code CAP C38, Laws of Federal Republic of African nation 2004 as applicable in Enugu State.
When the charge was browse, the defendants pleaded guiltless.
One of the defence counsels, mister Osita Abalu, applied for his or her bail on the grounds that there was no proof to duplicate the charge.
Abalu same that the prosecution had didn’t give evidence why the defendants ought to be remanded in court in line with Section 234 of the Administration of Criminal Justice Laws (ACJL) of Enugu State 2017.
He urged the court to exercise its powers below Section 225 of the identical law and grant bail to the defendants. Abalu same that although the offence that the defendants were charged was punishable with imprisonment, below Section eighty eight of the ACJL, the magistrates’ court is qualified to grant bail.
He conjointly urged the court to order the discharge of the four buses transfer the defendants to the venue of the burial.
Counsel to the 107 defendants, Mr F. C. Okeke, told the court that it absolutely was ridiculous for the prosecution to say that the defendants tried to overthrow the President.
Okeke same that the defendants were inactive on their thanks to a burial and questioned however that would translate to over throwing the govt. “President Muhammadu Buhari is in capital of Nigeria. Governor Ifeanyi Ugwuanyi is in Enugu, whereas the defendants were inactive in Nsukka,” he said.
The counsel delineated the charge as trumped up and meant to deny the defendants of their elementary rights.
According to him, the prosecution deliberately brought the relate the magistrates’ court simply to penalize them.
“An suspect person can’t be delivered to a court were such court has no jurisdiction to entertain the matter simply to penalize them.
“That is that the essence of the ACJL of Enugu State. The law doesn’t need Associate in Nursing innocent soul to suffer. The defendants were inactive with no proof, not even a razor blade. They were visiting a burial,” he said.
Okeke urged the court to grant them bail within the most lenient means that.
However, the prosecution counsel, mister Easter Nwachukwu, urged the court to disregard the bail application.
Nwachukwu same that the law empowers prosecutors to bring defendants to a adjudicator for remand.
He same that a court couldn’t grant bail in a very matter it had no jurisdiction.
In her ruling, Chioke declined jurisdiction within the case and remanded the defendants in Enugu Prisons and urged the defence team to create application in the acceptable court.
The court ordered the discharge of the four vehicles to their house owners on bond and on the availability of proof of possession and particulars.
“The charge the defendants are remanded for is disloyal however the prosecution failed to list any exhibit of weapon of warfare against them.
“The solely document against them before the court is that the day book. This appearance to American state sort of a trumped up charge,” Chioke same.