A Magistrate Court sitting in
Port Harcourt has discharged 35 Biafra agitators charged with conspiracy to
commit treasonable felony, for want of diligent prosecution.
The News Agency of Nigeria (NAN)
reports that the accused were arrested on Jan. 20 during a march to commemorate
the inauguration of United States of America President, Mr Donald Trump.
Discharging the accused persons
on Friday, the Magistrate, Mr Andrew Jaja, said treasonable felony was a
capital offence, punishable by death.
According to the
magistrate, the court had the constitutional power to discharge the accused
persons on ground of lack of diligent prosecution.
Jaja said that the accused had stayed 37 days in prison custody
without the commissioner of police, Director of Public Prosecution (DPP) and
Attorney-General (AG) showing interest in the prosecution.
He said that the DPP, Attorney-General and Commissioner of Police
did not indicate that there was prime facie to qualify the accused for
prosecution or otherwise.
Jaja lamented that the court had adjourned many times to enable
the three authorities make inputs or show that the accused were liable to
prosecution, but to no avail.
“The court has the right to grant them bail; “The adjournment has
elapsed, without the State Commissioner of police and AG making their inputs
into the matter.
“The court has the right (power) to grant the accused persons bail
or discharge them in line with the constitution”, he said.
The magistrate, however, warned the accused to remain peaceful and
desist from embarking on further protest.
Jaja said that they would not find it easy next time they were
brought to court on the same charge.
NAN reports that there was jubilation outside the court by the relations
and friends of the discharged persons
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