Nearly two months after his release, Frederick Nwajagu of Ajao Estate has appealed the conviction of the Lagos State High Court sitting in Tafawa Balewa Square for being the champion chief in Lagos illegally.
In an appeal notice filed by his attorney Emefo Etudo, Nwajagu challenged the constitutionality of Sections 26-36 of the Chief of Law of Obas and Lagos in 1981, deeming that these provisions violate Sections 39 and 40 of the 1999 Nigerian Constitution. He asked the Court of Appeal to overturn the lower court’s ruling and grant him all acquittal.
After Nwajagu, 67, was arrested in April 2023, he allegedly threatened to invite the indigenous people of Biafra (IPOB) to Lagos to protect the property of IGBO residents. In his trial, Justice Yetunde Adesanya acquitted the terrorism charges, ruling that the Lagos state government failed to prove its allegations were undoubtedly. However, the court ruled that he illegally regarded himself as Chief in Lagos and sentenced him to one year in prison. Since he had been detained for more than two years during the trial, the court ruled that he was effectively served and was free to perform.
Nwajagu argued in his appeal that his activities, as well as the activities of the Igbo-language community of the Ajao estate, belong to their right to freedom of association and freedom of expression under articles 39 and 40 of the Constitution of 1999. He believes that any restrictions imposed by Obas and Lagos state law leaders are invalid and of the extent of inconsistency with the constitution. He further asserted that his conviction contradicted Article 166 of the 2015 Criminal Justice (repealing and re-engineering) law and that the prosecution failed to determine violations of Article 34 of Obas and Chief Law.
He insisted that neither he nor his community issued any public declarations to establish a royal power or chief. “The defendant did not show himself to the public as a traditional ruler, nor did he raise public awareness of this title. His appeal pointed out that his cultural activities within his private residence could not establish royal powers or chiefs alone.
The appeal hearing has not been set.
Nwajagu was arrested on April 1, 2023 for allegedly threatening to invite IPOB members to Lagos to protect the Igbo property. In the 49-second viral video, he was heard saying, “IPOB, we will invite them. They have no jobs. All IPOBs will protect all our stores. We have to pay. We have to mobilize for this. We have to do so. We have to have our security so that they will stop attacking us at midnight, morning and afternoon.” On April 5, he filed a lawsuit in the District Court for allegations of conspiracy and possible public peace. Police claimed he threatened to bring the IPOB to the state and publicly stated that the IPOB had instilled fear into Lagos residents for one month.
Despite being released on 1 million Nwaka by Chief Magistrate Justice Peter Nwaka on May 6, 2023, Nwajagu still was unable to meet these conditions and was detained. On May 9, 2023, the Lagos State Government filed a lawsuit against attempts to commit terrorism, attempts to participate in a terrorism conference and nine charges under the Terrorism Act.
During the trial, the prosecutor Raulat Ibrahim, a civil servant in the Ministry of Local Government, Chief Affairs and Rural Development, testified that the title of Eze Ndigbo was not recognized under Lagos State law. She detailed the procedure for confirming the chief’s title and explained that it requires government approval and recognition through a structured process involving multiple state ministries and the governor’s office. She stressed that there is no recognized OBA or chief in the Ajao estate.
In a January verdict, Judge Adesanya ruled that Nwajagu had committed the illegal use of himself as the chief of Lagos, entitled him to one year in prison without a fine. However, since he has been detained for more than two years, he is considered serving his sentence and released.
