A popular Owerri-based lawyer and activist, Stanley Chukwu, Esq. has accused the Honourable the Attorney-General/Commissioner for Justice, Imo State, Chief Sir. C.O.C. Akaolisa, of ‘conspiracy against rights’ in his handling of the prosecution of the popular media personnel and former staff of Ozisa FM, Mr. Chinonso Uba, popularly known by the sobriquet – Nonso Nkwa.
Recall that Nonso Nkwa was arraigned before the Magistrate Court Owerri, presided over by His Worship B.U. Adikibe on the 23rd day of October 2024, over weighty allegations of treason, conspiracy, arson, among others.
The honourable court declined jurisdiction to grant bail to the defendant, and remanded him in the Owerri Correctional Center.
In declining to entertain the bail application of the defendant, the court reminded the defence counsel of their right to apply to the high court for the bail of the defendant, and adjourned the matter for the Report of the Director of Public Prosecution of the Ministry of Justice, on which day the court didn’t sit because of Conference of Judges and Magistrates.
On the last return date, the defence counsel, Charles Mgbenkonye, had applied for the matter to be struck out, predicating his application on the non-compliance of the DPP. The Court was minded to grant prosecution a further date for compliance. The matter was then adjourned to today, the 28th day of November 2024 for DPP’s Report.
However, defence counsel [counsel to Nonso Nkwa] had filed for his bail on health grounds, before the High Court of Owerri, Coram [before] Hon. Justice Paul Nnodum.
On Tuesday the 26th day of November 2024, when the matter was slated for the hearing of the motion for bail, the Honourable the Attorney-General announced appearance for the State, opposed the bail application via a counter affidavit, stating that the Correctional Centre has adequate medical facilities to attend to the medical needs of the defendant, offered excuses for the State’s inability to file an Information, and humbly applied for more time to do the proper thing.
The Court did not deliver a ruling on the application for bail, but ordered the Deputy Comptroller of the Owerri Correctional Centre to furnish it with the defendant’s medical report to consider if the court could grant bail to the defendant on health grounds.
Matter was adjourned sine die [without date] to whenever the ruling on the bail application will be ready. Counsel were informed that date would be communicated subsequently for ruling.
This incident has sparked the rage and wrath of the legal community in the State, expressed in the most audacious fashion by most courageous lawyers in many platforms of the NBA Owerri.
Many lawyers are united – something that is rare among lawyers – in the opinion that the Honourable the Attorney-General’s handling of the matter left much to be desired. Some expressed the view that he acted more like a personal lawyer to the Governor than as the custodian of law and legal guardian angel of the citizens of the State.
At the front line of this opinion is the eloquent, fearless Stanley Chukwu, Esq. who forthrightly deprecated the stance of the Attorney-General in a group whatsapp platform of lawyers, where the HAG is also a participant, stating, “It is appalling when an Attorney General starts behaving like a personal lawyer to the Governor.
“In American jurisprudence, what this Attorney General did is a federal offence known as ‘Conspiracy Against Rights,’ for which even the AG can face prison term or huge fine.
“An HAG can not use his public office to abuse the rights granted to a citizen of the country. You have a duty to file DPP’s report. You politically refused to file it for 32 days. That alone is a shameful abdication of responsibility for which any court of law should take umbrage.
“Then, the same you [The HAG], who should file DPP’s REPORT, shamelessly appears in opposition to Defendant’s motion for bail.
“The entire idea is to use the court to keep Nonso Nkwa in prison as long as it takes, knowing that the charge of treason or treasonable felony is not provable.
“The HAG is not only abusing his office. He is abusing both the judicial process as well as the law itself. This must stop.”
Stating that the role of the HAG was unacceptable regardless the severity of the alleged offence of the defendant and the facts of the case, Mr. Chukwu querried, “Please are there particular facts that would justify the office of an HAG to abdicate its responsibilities and use the office to wreck havoc on the rights of a citizen?
“To me, the Attorney-General should be the guardian angel of the law, justice and due process. But in this particular case, the guardian angel, instead of protecting the law, decided to rape it.” He concluded.
Agreeing with this position, another frontline, outspoken human rights activist and lawyer, Abiodun Femi Ogunrinde, reacted that the Attorney-General decided to “jeopardize citizen’s rights on the altar of [his] appointment” as AG.
Berating the HAG and some lawyers in the Ministry of Justice, Mr. Ogunrinde said, “I am always tired and sick of these people called lawyer and later HAG. They’ve allowed the political appointment to overshadow their noble profession.
“If you see some Information and Records of Proof of Evidence filed in court these days, you will agree with me that some lawyers in the office of the Attorney General have sold their conscience to the Attorney General.
“If you ask them, they will tell you that they are acting under authority.
If you ask them which authority, they will not be able to provide any answer.”
Some other lawyers also have expressed concern on the position of the court itself, noting that the Imo State Administration of Criminal Justice Law recommends no later than 2 weeks for adjournment of criminal trials.
Amond them is a past secretary of the Nigerian Bar Association, Owerri, J.S.C. Osuebi, who articulated his perspective on this matter, “I will advise that the right thing is done. As lawyers, we are expected to promote and protect the rule of law. If you fail to take care of justice today, justice will elude you tomorrow.
“Our Judges should be courageous enough to call a spade a spade by upholding the sanctity of the rule of law no matter who is involved.”
Meanwhile, the matter has been adjourned sine die at the High Court while the defendant, Nonso Nkwa, resumes his distressed occupancy at the Owerri Correctional Centre.
