defence

PHIL OKOSE, Onitsha

The Administrative Judge of Onitsha Judicial Division in Anambra state, Justice J. I. Nweze has adjourned further hearing till Thursday, December 5, in a case of conspiracy and abduction of the traditional ruler of Ogwuaniocha community in Ogbaru Local Government Area of the state, Igwe Oliver Nnaji.

The adjustment came shortly after a defense witness, Christopher Obumseli testified before the court that the principal accused person in the abduction saga, Okwudili Ogana is not a criminal but a law-abiding citizen.

Led in his evidence by the defense counsel, Oseloka Osuigwe SAN, Obumseli who claimed to be 80 years of age, said Ogana led Ogwuaniocha Youths Association for upward of eight years and because of his quality leadership, the community selected him to be their traditional ruler before he was arrested for abduction of Igwe Nnaji along with six others in 2022, arraigned in court and remanded in prison custody.

Under cross-examination by the prosecution counsel, Chief Ikenna Egbuna SAN, Obumseli told the court that he did not know if Ogana was the founder and leader of the dreaded Lion Squad that allegedly abducted Igwe Nnaji and set his palace ablaze on November 15, 2021.

Still under cross-examination, Obumseli further told the court that he was not aware that the missing Nnaji was the traditional ruler of the community before he went missing, adding that what he heard was that Nnaji was missing. He therefore pleaded with the court to discharge Ogana with six other accused persons for lack of evidence from the prosecution.

The prosecution counsel, Egbuna SAN applied for a short adjournment to enable him to produce prosecution witnesses that will prove that Ogana led those who abducted Igwe Nnaji, set his palace ablaze and even murdered him, adding that at the trial, he would also tender the Igweship certificate given to Nnaji by the state government to prove that he was kidnapped as a sitting Igwe of the community.

Justice Nweze had earlier slated November 27 for a final judgement on the matter but when the case was called up, the defense counsel, Osuigwe SAN pleaded with the court to defer the judgement and hear the defense witness out before giving the judgement so as not to convict an innocent person and the court obliged him.

Ogana and six others, Nduba Chibuzor, Ifi Silas Nwabuwa, Osadebe Sunday, Onyebuchi Ibenegbu, Chinedu Collins Nwonawi and Emeka Udom had been arraigned before the Court on a four-count charge of conspiracy, arson, kidnap and murder.

In the charge No. 0/32C/2022, state versus the accused persons, according to C. C. Madukife, an Assistant Director in Anambra state Ministry of Justice, the accused persons had on November 15, 2021 at Ogwuaniocha in Onitsha Judicial Division, conspired among themselves to commit felony to wit: arson, kidnap and murder.

The prosecution further alleged that the accused persons had on the same date and venue while armed with guns, machetes and other offensive weapons, unlawfully set ablaze the dwelling house, other buildings and four cars belonging to Igwe Oliver Nnaji.

The prosecution stated that the offences were contrary to Sections 495 (a), 315 (1) (a), 474, 274 (1) and 416 of the Criminal Code, Cap 36, Volume II, Revised Laws of Anambra state of Nigeria, 1991.

But after taking evidence from both prosecution and defence, Justice Nweze in May, this year, discharged three of the seven accused persons, including Nduba Chibuzor, Ifi Silas Nwabuwa and Osadebe Sunday for lack of substantial evidence from the prosecution to prove that they were among those who invaded Igwe Nnaji’s palace and abducted him, adding that continuing to try them would amount to breach of their Fundamental Rights.

While the prosecution counsel, Chief Ikenna Egbuna SAN headed to Court of Appeal sitting at Awka and filed a notice of appeal against the discharge of the trio which he described as a miscarriage of Justice, Justice Nweze on October 25, 2024, discharged three other accused persons, Onybuchi Ibenegbu, Chinedu Collins Nwonawi and Emeka Udom, citing the same lack of substantial evidence as the reason for their discharge.

In his ruling, Justice Nweze stated that the four charges of conspiracy, arson, kidnap and murder brought against the remaining accused person, Okwudili Ogana have been reduced to only two which included conspiracy and kidnap, while he has been absorbed of arson and murder charges.

Justice Nweze therefore fixed Wednesday, November 13 for final decision in the case of Ogana, the remaining accused person.

Speaking to newsmen shortly after the judgement, the prosecution counsel, Egbuna SAN expressed concern that six of the seven accused persons who he said perpetrated such heinous crimes as members of dreaded Lion Squad with overwhelming evidence had been discharged just like that, while the murder aspect of the charges which carries capital punishment has been removed from Ogana’s neck.

Egbuna had in his notice of appeal when the first three were discharged, argued that the lower court misdirected itself in law when it upheld the submission of no-case-to-answer made on behalf of the defendants/respondents.

He mentioned the particulars of the misdirection with reference to the evidence of the first Prosection Witness, PW1, Mrs. Ngozi Freda Nnaji, wife of the abducted Igwe who was cross-examined by the defence counsel, Oseloka Osuigwe SAN during which she stated that she actually saw the accused persons among those that invaded Igwe Nnaji palace, set it ablaze and abducted the monarch.

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