Nearly two months after his release, Frederick Nwajagu, the Eze Ndigbo of Ajao Estate, has appealed his conviction by the Lagos State High Court sitting at Tafawa Balewa Square. His conviction was based on unlawfully presenting himself as a titled chief in Lagos.

In a Notice of Appeal filed by his lawyer, Emefo Etudo, Nwajagu is contesting the constitutionality of Sections 26-36 of the Obas and Chiefs of Lagos State Law of 1981. He argues that these provisions violate Sections 39 and 40 of the 1999 Constitution, which guarantee freedom of expression and association. Nwajagu is asking the appellate court to overturn his conviction and grant him a full acquittal.

Background of the Case
Nwajagu, 67, was arrested in April 2023 following a viral video in which he allegedly threatened to invite members of the Indigenous People of Biafra (IPOB) to Lagos to protect the properties of Igbo residents. He was subsequently arraigned on charges of terrorism, conspiracy, and conduct likely to cause a breach of public peace.

During his trial, Justice Yetunde Adesanya acquitted him of terrorism-related charges, ruling that the Lagos State Government failed to provide sufficient evidence. However, he was convicted of unlawfully parading himself as a titled chief in Lagos and sentenced to one year in prison. Having already spent over two years in custody, the court ruled that he had effectively served his sentence and was released.

Grounds for Appeal
In his appeal, Nwajagu maintains that:

His activities, as well as those of the Igbo-speaking community in Ajao Estate, were lawful and protected under Sections 39 and 40 of the Nigerian Constitution, which uphold freedom of speech and association.
The Obas and Chiefs of Lagos State Law is inconsistent with the Nigerian Constitution, making his conviction legally invalid.
The prosecution failed to establish any evidence proving he violated Section 34 of the Obas and Chiefs Law.
His community never issued any public proclamation establishing a kingship or chieftaincy. He insists that his cultural activities within his private residence do not amount to illegally assuming a traditional title.

Legal and Administrative Proceedings
Nwajagu’s arrest and trial followed his remarks in a 49-second viral video where he was heard saying:

“IPOB, we will invite them. They have no job. All of the IPOB will protect all of our shops. And we have to pay them. We have to mobilize for that. We have to do that. We must have our security so that they will stop attacking us at midnight, in the morning, and in the afternoon.”

He was initially arraigned on April 5, 2023, before a magistrate’s court on charges of conspiracy and inciting public unrest. The police accused him of instilling fear in Lagos residents by suggesting that IPOB would shut Lagos down for a month.

Despite being granted bail of ₦1 million with four sureties by Chief Magistrate Peter Nwaka on May 6, 2023, Nwajagu was unable to meet the conditions and remained in custody. By May 9, 2023, the Lagos State Government escalated the charges, arraigning him before the Federal High Court on nine counts of terrorism-related offenses under the Terrorism (Prevention & Prohibition) Act, 2022.

His trial began on July 4, 2024, with prosecution witness Raulat Ibrahim, a civil servant from the Ministry of Local Governments, Chieftaincy Affairs, and Rural Development, testifying that no Eze Ndigbo title was legally recognized under Lagos State law. She emphasized that traditional titles require government approval, involving multiple state ministries and the governor’s endorsement.

Current Status
In January 2025, Justice Adesanya convicted Nwajagu of unlawfully parading himself as a titled chief, sentencing him to one year in prison without an option of a fine. However, given that he had already spent over two years in custody, the court ruled that he had served his sentence, leading to his release.

With his appeal now filed, Nwajagu seeks to clear his name and challenge the legality of his conviction. No date has been set for the appeal hearing.