Court Remands Awka-Ozo Title Holder, Lawyer, 8 Others Over Alleged Arson
An Anambra State Magistrate Court sitting in Amawbia, Awka South Local Government Area, on Monday ordered the remand of an Ozo title holder, a legal practitioner, and eight other persons over allegations of arson, malicious damage, and conduct likely to cause a breach of public peace.
The court, presided over by Magistrate Nonye Anyaegbunam of Magistrate Court Three, remanded Ozo Ajulukwukwu Osita, Richard Okonkwo, and eight other defendants following their arraignment on charges bordering on arson and other related offences.
When the matter came up for mention, the prosecution, led by the Officer-in-Charge of Legal at the State Criminal Investigation Department (CID), Annoyed Amuzie, opposed the bail application filed by the defence.
He urged the court to decline the request and instead issue a remand order against the defendants.
Addressing the court, Amuzie alleged that the defendants conspired to set a property ablaze, noting that a viral video linked to the incident surfaced around the same time the property was burnt.
He argued that the offences were grave and capable of causing a breach of public peace, stressing that the seriousness of the allegations should weigh heavily against the grant of bail.
The prosecution further informed the court that investigations revealed the defendants did not act alone, adding that other suspected accomplices were still at large.
According to him, the matter before the court was strictly criminal in nature and had no connection to any land dispute, contrary to claims advanced by the defence.
In response, defence counsel urged the court to exercise its discretion in favour of granting bail, arguing that the alleged offences were not capital offences.
The defence maintained that the defendants were presumed innocent until proven guilty, as guaranteed under Section 36 of the 1999 Constitution (as amended).
The defence further submitted that the magistrate court possessed the requisite jurisdiction to grant bail during a remand proceeding.
Counsel argued that the defendants were responsible and respected members of society, including an Ozo title holder and a legal practitioner, and therefore posed no flight risk.
Describing the remand of an Ozo title holder as “sacrilegious,” the defence insisted that the police had substantially concluded investigations, as evidenced by an affidavit placed before the court.
Counsel further contended that none of the defendants had been formally charged, questioning the legal basis for their continued detention.
“You cannot rest something on nothing,” the defence argued.
He added that detaining the suspects without sufficient legal foundation would amount to an illegal and unconstitutional act.
He also questioned why the prosecution failed to approach a higher court if it believed the matter required stricter judicial intervention.
In his reply, the prosecution maintained that the case involved a serious allegation of arson, noting that a residential building was allegedly set ablaze.
He urged the court to refuse the bail application, insisting that the gravity of the offence, rather than the social status or professional designation of the defendants, should guide the court’s decision.
After considering submissions from both parties, Magistrate Anyaegbunam ordered the remand of the defendants.
In her ruling, she held that the determination of bail applications is anchored on the seriousness of the alleged offence and not on titles, social standing, or professional status.
The magistrate also expressed concern over the alleged involvement of a legal practitioner in the incident, cautioning members of the legal profession against entangling themselves in community disputes capable of escalating into criminal acts.
The remand followed the earlier arrest of ten persons by the Anambra State Police Command over alleged arson and malicious damage to property in a community within Awka, the state capital.
It was alleged that the suspects invaded a property in Okpuno, demolished parts of the structure, and eventually set a bungalow on the land ablaze.
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