12 How Jewish worshippers were arrested, arraigned in Abia
Before the intervention of the police and arrest of some Jewish worshippers at the home of the leader of the Indigenous People of Biafra (IPOB) Nnamdi Kanu on Sunday, the worshippers had arrived on Thursday in religious attires with the aim of worshipping and cleansing the residence, which they believed had been desecrated by the invasion of the military.
On Friday and Saturday, residents said they prayed, sang songs and went on processions through major streets, drawing attention. The police tried to disperse them, with resistance from the worshippers, leading to additional effort by the police.
A community leader who spoke on condition of anonymity said the residents learnt that their arrest followed information provided by members of the community who saw about 70 of them including children dressed in Jewish attires at about 2pm on a procession and protest to the state police command demanding the release of arrested members of the group.
Though some of the worshippers returned to Afaraukwu Ibeku, the IPOB leader’s residence, their stay in the community had been peaceful he said.
A day after the arrests, nine of the worshippers were arraigned before the Chief Magistrate’s Court 7 in Umuahia presided over by U. O Egwu and were remanded in prison with charges bordering on terrorism, kidnapping and hostage taking.
According to the prosecuting counsel, they carried out acts with intent to frighten ASP Justus Ogar and his team, thereby committing an offence punishable under Section 12(a) of the Abia State prohibition of terrorism, kidnapping, hostage taking, use of offensive weapons or explosives and other related behaviours Law 2009.
The lead counsel to the accused persons, Chief Iheonu Chionye, told the court to grant them bail on the ground that the offence was not a capital offence, and is bailable, stressing that his clients were arrested at a worship location in company of their wives and children who were present in court, which made him believe that acts of terrorism, kidnapping and hostage taking could not be carried out in the presence of such people.
However, the prosecuting counsel led by O. O Uche opposed the bail application and asked the court to determine if they could be granted bail, noting that the court lacked the jurisdiction based on the charge of terrorism leveled against them.
In his ruling, Chief Magistrate U. O. Egwu queried the police for arraigning the accused persons before a magistrate court, which they knew lacked the jurisdiction to entertain the case. He however refused to grant them bail and ordered that the case be transferred to a higher court and the file be returned to the Director of Public Prosecution (DPP) for further action.
Following the remand of the nine Jewish worshippers arrested in Umuahia on May 14, 2018, a member of the defense counsel, Barrister Aloy Ejimakor, brought applications for their bail at the Abia State High Court.
Arguing on the application for bail, the defense counsel cited Section 35 of the Constitution and Sections 118 and 125 of the Criminal Procedure Code and supported the bail applications with a 10-paragraph affidavit for each of the accused persons.
Barrister Ejimakor said he expected the case file to be assigned for hearing by early next week and as soon as the prosecution had been served.
The spokesman of the IPOB, Comrade Emma Powerful, in a statement in Umuahia said: “The leadership and entire family members of IPOB condemn the abduction of 21 Shalom Church members and members of other Christian denominations praying in the residence of IPOB leader Mazi Nnamdi Kanu by Nigerian security operatives on Sunday morning.
“The security agents tortured and abducted the Jewish worshippers in Nnamdi Kanu’s residence who came to pray at the compound on Sunday morning without any provocation. This is to alert the whole world that the worshippers are currently undergoing severe torture at the Central Police Station Umuahia and Zone 9 Force Headquarters. Some of the worshippers have been abducted and taken to unknown places.”
IPOB accused the police Special AntiRobbry Squad (SARS) of abducting Kanu’s brother Prince Emmanuel Kanu and his cousin, Bonaventure Uche Njoku, after a face-off close to Afara Technical School.
When contacted, the state Commissioner of Police, Mr. Anthony Ogbizi, said neither Nnamdi Kanu’s brother nor any member of the family was arrested.
“In fact, it is a lie, I don’t think it’s true, but I will find out,” he said. The state police spokesman, DSP Godfrey Ogbonna confirmed the arrests, saying the case was in court.