FG charges 44 pro-Biafra supporters for treason at magistrate court

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(Nigeria) In what appeared to be a ploy to further keep suspected members of
Indigenous People of Biafra, IPOF, in prison custody, the Nigerian government on Tuesday, charged 44 person before a Port Harcourt, Rivers State on treason charges, a court that clearly has no jurisdiction to entertain such offences.
As may have been envisaged, Presiding Magistrate, Mr Andrew Jaja ordered that the 44 suspected pro Biafra supporters arrested in connection with a protest by the Indigenous People of Biafra,in Port Harcourt recently  be remanded again in prison custody till November 26.
At the resumed sitting of the court on bail application by counsel to the accused the Presiding Magistrate, Mr Jaja  said his court lacked jurisdiction over the matter since they were charged for treasonable felony, a capital offence,
He also said the court lacked powers to grant bail to the accused because the offence for which they were charged was beyond the magistrate court.
Before adjourning the matter to November 26 the presiding Magistrate ordered that the original case file  be duplicated and copies sent to  the Director of Public Prosecution. DPP for further investigation and advice,
He further asked that the accused be remanded in prison custody till November 26.  The Magistrate this time did not allow counsel to the accused to canvass for bail of their clients, saying that they were granted fair hearing at the first sitting of the court,
His words,  “This court does not have jurisdiction to entertain the case. Section 118 of the criminal Procedure Act provides that person charged with treason/capital offence cannot be granted bail by magistrate court but have the opportunity to be granted bail by the High Court.
“The court will do what is generally accepted. I order that the original file of the case be duplicated and sent to the DPP, (to that of the federation), through the court registrar for further investigation and legal advice.”
Twenty persons were initially charged before an additional 24 were  later arraigned for the same offence at the same court last week.
The charge preferred against the accused read in part "on October 20 2015, at about 2:00 Pm, at Ikwerre road in Port Harcourt in Port Harcourt magisterial District the suspects and others now at large did conspire amongst yourselves to commit felony to wit: Treason and thereby committed an offence punishable under section 37(2), of the criminal code, Cap c38, Laws of the Federal Republic of Nigeria, 2004.
“… on same date and time did without lawful authority demonstrate and chant war song that Hausa is not part of Biafra, which caused panic in the neighbourhood, instil fear on reasonable grounds with intent to intimidate or cause panic within the state and there by committed an offence punishable under section 37(1) of the criminal code, Cap C38 laws of the Federal Republic of Nigeria, 2004. And
“…all the suspects and others now at large on the same place and time, did wilfully and unlawfully damaged the Nigeria flag which was hoisted at Zenith Bank PLC. Ikoku branch in Port Harcourt, and thereby committed an offence punishable under section 451 of criminal code, Cap c38 Laws of the Federal Republic of Nigeria, 2004."

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