A Magistrate court sitting in Port Harcourt has discharged 35 pro-Biafra protesters charged with conspiracy to commit treasonable felony. The accused were arrested on January 20 during a march to commemorate the inauguration of US President Donald Trump.

Discharging the accused persons on Friday, Andrew Jaja, the magistrate, held that treasonable felony was a capital offence, punishable by death. According to him, the court had the constitutional power to discharge the accused persons for lack of diligent prosecution.

Jaja said the accused had stayed 37 days in custody without the Commissioner of Police, Director of Public Prosecution (DPP) and Attorney-General (AG) showing interest in the case. He said the DPP, Attorney-General and Commissioner of Police did not indicate that there was prima facie case to qualify the accused for prosecution or otherwise. Jaja lamented that the court had adjourned many times to enable the three authorities make input 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,” he held. “The court has the right (power) to grant the accused persons bail or discharge them in line with the constitution.”

However, the magistrate warned the accused to remain peaceful and desist from embarking on further protests. Jaja said they would not find it easy next time they were brought to court on the same charge. There was jubilation outside the court by the relations and friends of the discharged persons.

The judgment is coming two days after a Federal High Court in Abuja dismissed six out of 11 charges filed against Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB).

Source: The Cable