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 January 20
during a march to commemorate the inauguration of United States of America
President, Donald Trump.
Discharging
the accused persons on Friday, the Magistrate, 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.
Mr. Jaja
said 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 prima facie to qualify the accused for prosecution or otherwise.
Mr. 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.
Mr. Jaja
said 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.
(NAN)
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