Eze Ndigbo Challenges Impersonation Conviction In Lagos Court Of Appeal

Eze Fred N. Nwajagu, the Eze Ndigbo of Ajao Estate, Lagos, is appealing his conviction on one of nine charges against him.

The appeal, filed at the Court of Appeal in Lagos, challenges a January 15, 2025, High Court judgment by Hon. Justice (Mrs) Yetunde Adesanya that found him guilty of impersonation.

The appeal focuses specifically on count four of the indictment, which relates to a contravention of Section 34 of the Obas and Chiefs of Lagos State Law 1981. Lead counsel Chief Emefo Etudo argues the conviction is unjust and seeks its reversal.

The appeal notice, served on the Director of Public Prosecutions (DPP) for the Lagos State Ministry of Justice, contends that the trial judge erred in several key aspects:

Violation of Constitutional Rights: The appeal argues that the conviction infringes on Nwajagu’s rights to freedom of expression and association, guaranteed under Sections 39 and 40 of the 1999 Constitution of the Federal Republic of Nigeria. It claims the 1981 Obas and Chiefs Law unconstitutionally restricts these rights.

Improper Conviction: The appeal states that the conviction under Section 34 of the 1981 Law contradicts Section 166 of the Lagos State Administration of Criminal Justice Law of 2015. It alleges the conviction was based on an incompetent charge and insufficient evidence demonstrating a violation of Section 34.

The appeal contends that the prosecution failed to prove any of the nine counts, including the impersonation charge, and that Nwajagu’s modest cultural activities did not constitute the creation of a chieftaincy title.

The appeal further challenges the admissibility of a viral video used as evidence, citing issues with translation and interpretation of Igbo language content.
Contradictory Evidence: The appeal points out contradictions within the prosecution’s evidence, arguing that it simultaneously claimed Nwajagu both did and did not parade himself as a chief, creating reasonable doubt.

The appeal seeks several reliefs, including a declaration that Sections 26-36 of the Obas and Chiefs Law are unconstitutional, the overturning of the High Court’s decision regarding the 1981 Law violation, the allowance of the appeal, and the complete acquittal of Eze Nwajagu.

While previously stating he wouldn’t appeal, Eze Nwajagu explained his decision to challenge the judgment, stating he acted on his counsel’s advice and asserted his right to appeal. No hearing date has yet been set.

The initial charges against Nwajagu included attempted terrorism, financing terrorism, participation in terrorism, impersonation, and meeting to support the proscribed IPOB group.