By Enyim Enyim
ONITSHA—An Nnewi-based businessman, Mr. Bertrand Onwunzo has appealed against the judgement of an Nnewi Magistrate’s court presided over by magistrate Erinne O.N for setting free a security staff of the court,Mr. Bennet Izuegbunam who was allegedly fingered as one of the suspects that gave false information to the police that he attempted to kidnap the court’s security guard.
In the appeal filed on his behalf by his lawyer, Mr. G.C. Emenike, Onwunzo described the “discharge and acquittal” of the court’s security guard as a “miscarriage of justice.”
Benneth, his wife and daughter, Agnes and Chiamaka respectively were charged at the Nnewi Magistrate’s court for conspiring and lying to the police that Onwunzo led about six hefty men to their house on a mission to kidnap him.
But Police upon investigation of the matter after arresting Onwunzo found the allegation to be false and charged the Izuegbunams to court under sections 153 and 154 of the Criminal Code Cap. 36 Vol. 11, Revised Laws of Anambra state of Nigeria, 1991 for conspiracy and giving them false information.
Delivering judgement on the case on February 23, this year, the Senior Magistrate O. N. Erinne, after convicting Izuegbunam’s daughter, however, “ discharged and acquitted the former.
Meanwhile, another Magistrate Court within the same Nnewi Magisterial District where Izuegbunam’s wife, Agnes, a primary school teacher was tried for the same offence had found her guilty and was consequentially sentenced to prison.
Not satisfied with Magistrate Errine’s judgement, particularly the discharge and acquittal of Benneth, Onwunzo, through his lawyer, Mr. Godson . C. Emenike has filed an appeal against the decision of the lower Court at the state High Court while hearing on the appeal had been fixed for September 27 this year.
Onwunzo in the notice of appeal filed on his behalf by his lawyer, Mr. Godson. C. Emenike described the judgement of the Magistrate, Erinne as a “miscarriage of justice” and four grounds upon which he is seeking the Appellate Court to upturn the decision of the lower Court as it concerns Mr. Bennett on the case.
He argued that Magistrate Erinne erred in law by holding that since Bennett only made report to the police based on the information given to him by his daughter, and out of fear that his life might be in danger, the Court could not find him guilty of any conspiracy, and, that if the police had done a proper investigation they would have found the allegation to be false, and, therefore would not have gone ahead to arrest Onwunzo