Court reserves ruling on Biafra Zionists’ bail bid

THE Federal High Court Enugu presided over by Justice D.V. Agishi, has reserved till February 19 ruling on the bail application by members of the outlawed pro-Biafra group, Biafran Zionist Movement (BZM).

 Leader of the group, Ben Onwuka and 10 others are facing charges of  treason brought against them by the Attorney General of the Federation  for allegedly invading the premises of the Enugu State Broadcasting  Service (ESBS) on June 2014 to make live broadcast for the purpose of  toppling the government.

 In the application for bail filed on behalf of the activists by their lawyer Olu Omotayo , they had maintained that the: “Biafra Zionist Federation” (BZF), is a peaceful movement for the liberation of the entire Biafra people of former Eastern region of Nigeria and  the Biafra Zionist Federation(BZF), is not an outlawed organization in  Nigeria. They further stated that the movement has not been proscribed by any law in Nigeria.

 “That Onwuka and other members of “Biafra Zionist Federation” had on the 5th day of June 2014 staged a peaceful protest to intimate

the world  of the suffering and plight of people of the sovereign state of  Biafra and they were not armed or carry any offensive weapon on that  fateful day.

   “ That as it was when they marched to the “Enugu State Broadcasting Service” the state owned radio corporation, and  demanded to see  the programme producer, so that they can through him intimate the  whole world the plight of the Biafran people, that they were attacked  by men of Nigeria Police Force and in the process many of them were  wounded and one person killed”

 In a counter affidavit opposing bail filed on behalf of the Federal Government by D. E. Kaswe , a Senior State Counsel in the Office of the Attorney General of the Federation, it maintained that Biafra Zionist  Federation is a violent movement seeking to restore  the “Biafra Republic” a political structure earlier disbanded by the Federal Government of Nigeria. The government further maintained that the activists should not be granted bail because they are hypnotized by  their Biafra Zionists Federation.

 The Federal Government also placed much reliance on the case of Dokubo Asari V. Federal Republic of Nigeria and urged the court not to grant the activists bail as the offence for which they were charged  is treason punishable with death.

 Olu Omotayo  for the defence argued that the case of Asari  Dokubo V. FRN heavily relied on by the Federal Government was not  applicable to this case as the Supreme Court in the same case Asari  Dokubo V. FRN (2007) Vol 9, MJSC 160 at 74 paragraphs D-E.

   He stated thus: “It is worthy that on question of exercise of discretion authorities are not of much value.

 No two case are exactly  similar and even if they are, the Courts are not bound by a previous decision to exercise its’ way because that would be putting an end to

the discussion. No discretion in one case can be precedent to  another”.

Omotayo further submitted that Asari’s case was inapplicable because  the prevailing circumstances in Niger Delta region were different from  that of Southeast, stressing that there were hostilities or state of  war in Niger Delta region then whereas there is peace in the southeast Nigeria at present.

    Justice  Agishi had after taking arguments from both sides  adjourned

the matter to  February 19  2015, for ruling on the bail applications  of the activists, who it would be recalled,  have been in jail since June last year when they were arrested by the police in Enugu.