By Nwachukwu Obini

When in 2007 the story of two Chinese expatriates that were kidnapped by alleged gun men broke, it shook the landscape of Anambra state while a section of the public wished it away as one of those incidents that take place in the Niger Delta, another school of thought became apprehensive of its implications in the Nigerian Chinese relations.

Before the public could settle with the incident, one f the expatriate was reported dead and his corpse could not be found. A team of heavily armed policemen had stormed Ekoli Edda in Afikpo south local government area of Ebonyi state and freed the other Chinese man and allegedly made some arrests. Unfortunately they could not find the corpse of the other national.

Those arrested were detained and charged to court for illegal detention. The matter had been transferred to Abuja and later to Nnewi for prosecution before the Federal Director of Public Prosecution (DPP) took over the matter. Today the matter is with the Federal High Court Awka where Justice Peter Olayiwole is presiding.

Contained in the charge sheet against the 21 accused persons include that: “On March  17, between Nnewi, Anambra state and Ekoli Edda, Ebonyi state within the jurisdiction of the Federal High Court conspired among yourselves to commit felony to wit-treason and thereby committed an offence punishable under section 37(2) of the criminal code C38 laws of the Federation of Nigeria 2004.”

“Between the months of March and April 2007 at Nnewi, Anambra state and Ekoli-Adda, Ebonyi state within the jurisdiction of the Federal High Court in order to intimidate or overawe the president levied war against the State with arms and ammunition by abducting Mr. Niu Quijang and Shey Fend, Chinese national, whom you alleged entered into the State of Biafra without visas and thereafter engaged the security in a gun duel while holding captive the Chinese nationals and thereby committed an offence punishable under section 37(1) of the criminal code Cap C38 laws of the Federation of Nigeria 2004.”

“That you Pius Ogbuawa between the months of March and April, 2007 at Nnewi, Anambra state knowingly haboured and provided assistance to the above named accused persons even when you know that the security agents were searching for them and thereby committed an offence punishable under section 40(a) of the criminal code Cap C38 laws of the Federation of Nigeria 2004.”

“On or about March 17, 2007 Nnewi in Anambra state and Ekoli Edda in Ebonyi  state command a terrorist act, to wit: kidnapping of two Chinese nationals Mr. Niu Quijang and Shey Feng and one Sylvester Unigwe while being armed and you thereby committed an offence contrary to and punishable under section 15(2) of Economic and Financial Crimes  Commission Act, 2004. That you Pius Ogbuawa on or about the 17th day of March, 2007 between Nnewi in Anambra state and Ekoli-Edda in Ebonyi state committed a terrorist act, to wit: sponsoring kidnapping and deprivation of liberty and you thereby committed an offence contrary to and punishable under section 15(2) of the Economic and Financial Crimes Commission Act, 2004.”

“On or about the 17th day of March 2007 created general insurrection and public emergency in Anambra state by kidnapping and use of arms and ammunition and you thereby committed an offence contrary to and punishable under section 15(2) of the Economic and Financial Crimes Commission Act, 2004.”

“That you Pius Ogbuawa on or about March 17, 2007 between Nnewi in Anambra State and Ekoli-Edda in Ebonyi State willfully provided money and motor cycles to one Innocent Orji in the knowledge that the money and the motorcycles shall be used for acts of terrorism and you thereby committed an offence contrary to and punishable under section 15(1) of the Economic and Financial Crimes Commission Act, 2004.”

While the charges still hang on the heads of the twenty one accused persons, hearing on the matter has been greatly stalled by the absence of the 21st accused, Chief Pius Ogbuawa, a popular businessman in Nnewi. At some point, counsel to Ogbuawa had given multiple reasons explaining the inability of his client to appear in court.  Last week the other twenty accused were arraigned in court and the 21st accused was not in court. According to his lawyer, Mr. B.S. Nwankwo told the court that Ogbuawa is currently hospitalized abroad and that made it impossible to appear before the court.

Presiding Jude Olayiwole could not hide his unhappiness over the delay in the hearing of the matter. He described the failure of Ogbuawa to appear in court as a blackmail on the judicial system adding that it is not proper for the other twenty accused to continue to be brought to court without their knowing their fate.

He had to insist that Ogbuawa appears in court in the next adjourned dates for the matter which were fixed for 28th, 29th July and 2nd of August this year.

But Judiciary watchers are still skeptical about the likelihood of Ogbuawa appearing in court as promised. They are of the view that one or two more reasons would be given by his lawyer as to why he could not be in court on those said dates. They further express apprehension that all efforts that would be made to arraign him in court would be frustrated following his perceived influence on some powers that be in the law enforcement system. the feel that he is a kind of octopus that cannot be moved in view of his alleged larger than life status. Defence counsel for the twenty other accused, Mr. Odika Odika told reporters that Ogbuawa’s failure to appear in court has more to it than ordinary legal tussle.

He contended that his clients have suffered several psychological trauma that they need to be granted bail and the matter treated, with dispatch. He contended that it is becoming worrisome that a citizen of the country who was accused of treason, cannot be made to face justice insisting that it does not speak well for the country’s judicial system. Another set of judicial observers are of the view that the man  in question did not travel abroad as was claimed by his lawyer alleging that he was spotted at a public function in Anambra recently.