No fewer than 51 adherents of Judaism who were rounded up by the police early in the week for marching through the streets of Umuahia, Abia capital, were today, Thursday, arraigned before an Umuahia Chief Magistrate court which ordered them to be remanded in police custody pending their proper prosecution at a High Court.
The suspects were arrested for being in possession of insignia and emblem of the Indigenous People of Biafra, IPOB, while marching through the streets of Umuahia, to demand a separate nation from Nigeria.
The police had said the suspects would be prosecuted for treasonable felony and terrorism for being in possession of the emblem and insignia of a proscribed organization.
They were arraigned before chief magistrate Idika Kalu. He said the court lacked the jurisdiction to entertain the matter or grant them bail and advised the suspects to apply to the High Court for bail just as he ordered the case file to be transferred to the state Attorney General.
The police prosecution counsel, DSP Adeyemi Olukoye, told the court to refuse bail to the suspects arguing that the case was a capital offense.
Counsel to the suspects, Mr Anthony Nwafor, had argued that it was illegal and unconstitutional for the persecution to arraign the suspects at a magistrate court when it was obvious that the court lacked the jurisdiction to try the case.
Citing several authorities and Supreme Court decisions on similar matter, Nwafor said, “there is nothing like holding charge. Magistrate’s court should not entertain the matter. You cannot come to court with a charge that the court cannot try.”
He prayed the court to release the suspects on bail pending their arraignment at the High Court.
The matter was consequently adjourned to January 24, 2019, for report on compliance with the court order.
Speaking to journalists after the court session, the counsel said the arraignment of the suspects at a magistrate court was a ploy to further punish them. He assured that the team of defense counsel would take urgent steps to apply to the High Court for bail
Culled from New Telegraph
