BY Vincent Ujumadu, Chidi Nkwokpara & Ikechukwu Nnochiri

The Supreme Court, Friday, gave the Attorney General of the Federation, AGF, Mohammed Adoke Bello, SAN, the nod to prosecute the leader of the Movement for the Actualization of the Sovereign State of Biafra, MASSOB, Chief Ralph Uwazuruike and six others, for allegedly committing treason against the Federal Republic of Nigeria.

A five- man panel of justices of the apex court led by Justice Mahmud Mohammed, dismissed an appeal before it by the accused MASSOB members, saying that their “trial should proceed with dispatch.”

However, the Supreme Court’s decision triggered angry reactions from Igbo, most of who described the Federal Government position on MASSOB as absurd, especially in ‘’view of the kid glove approach it had adopted in the case of Boko Haram adherents who are being considered for amnesty.’’

Chief Raph Uwazuruike and Late Ojukwu

Aside Uwazurike, the other accused persons the apex court directed the Abuja Division of the Federal High Court to promptly commence their trial included Ambrose Anyaso, Augustine Ihuoma, Chibuike Nwosu, Kelechi Ubabuike, Chimankpa Okorocha and Benedict Alakwem.

The Federal Government had on November 8, 2005, arraigned the accused persons before the Federal High Court, on a four-count criminal charge bothering on treasonable felony.

The government had alleged that the accused persons who it said were top officials at the MASSOB headquarters situated at Okwe, Onu-Imo Local Government Area of Imo State, on diverse dates between January 2004 and October 2005, at Owerri and other places in Nigeria, “with intent  to levy war, overawe and overthrow the legitimate government of Nigeria,” conspired to commit felony to wit: treason against the Federal Republic of Nigeria, contrary to Sections 37 (2), 62(2) (1) 64, 237 (1) of the Criminal Code Act Chapter 77, Laws of the Federation of Nigeria 1990 and punishable under Sections 37 and 63 of the same Act.

Besides, they were accused of belonging to a militant group called MASSOB Army and undergoing training with the intent to levy war in order to overthrow the President and government, as well as, formed, managed and assisted in the management of an unlawful society of more than 10 persons whose aim was to incite acts of violence and disturb peace and order in the country.

The accused persons had pleaded not guilty to the charge and urged the trial court to quash it for being incompetent and baseless, contending that there was no proof of evidence indicting them to the commission of any crime known to law.

Their Counsel, Festus Keyamo, however, challenged their arraignment despite a subsisting order of the Federal High Court, Owerri, made on January 18, 2005, which had restrained the Federal Government from infringing upon their fundamental human rights.

Following the refusal of the trial judge, Justice Binta Nyako to either quash the charge or release the accused persons on bail, Keyamo, took the case before the Appeal Court in Abuja, which on May 15, 2008, granted them  bail, but also refused to dismiss the charge.

Dissatisfied, the accused persons took the case to the Supreme Court.

According to Justice Bode Rhodes-Vivour who delivered the lead judgement, “this appeal to my mind is unnecessary and clearly a waste of precious judicial time since all the information imaginable that the appellants’ would need for  their defence has been available to them before they appealed to the Court of Appeal.

“Courts are set up with the sole purpose to do substantial justice between the parties… The argument that the charge should be dismissed because it was not accompanied by proof of evidence is a mere technicality designed to defeat the course of justice.

“In the light of the fact that the proof of evidence has been filed and is available to the appellants, trial should proceed with dispatch. This appeal is dismissed,” he added.

Other members of the panel who concurred with the lead verdict were Justices John Afolabi Fabiyi, Mary Ukaego Peter-Odili and Kumai Bayang Akaahs.

However, reacting to the judgement, Emeka Umeagbalasi, Chairman of International Society for Civil Liberties and the Rule of Law, said, “I wonder the circumstances under which Uwazurike and his MASSOB colleagues should be tried for treason. MASSOB is a non-violent organization that has not at any time taken up arms against the Federal Government like the other groups such as Boko Haram and the Niger Delta militants had done.

“Despite taking up arms against government and killing people and destroying the economy of the country, these groups have not been made to face any trial.

“The decision to try Uwazurike and members of his group shows the inequality that exists in Nigeria and we condemn the court pronouncement on this matter because it is an extension of war against the Igbo using judicial mechanism.’’

“Igbo have been suffering economic, social and political marginalization, but they still want to go further to provoke them. This ruling should be condemned because this kind of ruling does not encourage peace in the country.”

Also, Elder Chris Eluomuno, President, Ohaneze Ndigbo in Anambra State, said, “We have to study the case and see what the charges against the MASSOB leader and his members are. Treasonable felony is not a small allegation and it is only when we get the details that we can react appropriately.”

The state Chairman of All Nigeria Peoples Party, ANPP, in Imo State, Chief Vitalis Orikeze Ajumbe, described the judgement as “most surprising, especially as loyalists of MASSOB and their leader, Chief Uwazuruike, do not carry arms and have never killed anybody.”

According to Ajumbe, it was ridiculous that the Federal Government was presently trying to pacify members of the Boko Haram, despite the atrocities committed by the group on defenceless citizens.

“Honestly, I am in deep shock over the Supreme Court judgement. The Federal Government is trying to pacify the Boko Haram, despite the despicable atrocities committed by the group. MEND killed several people in the past and have again resumed their onslaught and none of them was tried for treason.”

Chief Uwazuruike neither picked nor returned the calls put across to him by Saturday Vanguard, but a friend of him said that he was not yet aware of the judgement as at 4.10pm yesterday, pointing out that he would however, call his lawyer to confirm the story.