An Anambra State Magistrate Court sitting in Amawbia, Awka South Local Government Area, on Monday remanded an Ozo title holder and a legal practitioner, alongside eight others, over alleged arson, malicious damage and conduct likely to cause a breach of public peace.
The court, Magistrate Court 3, presided over by Magistrate Nonye Anyaegbunam, ordered the remand of Ozo Ajulukwukwu Osita, Richard Okonkwo, and eight other defendants after their arraignment on charges bordering on arson and related offences.
When the matter was mentioned, the prosecution, led by the Officer-in-Charge of Legal, State CID, Annoyed Amuzie, opposed the bail application brought by the defence and urged the court to make a remand order against the defendants.
The prosecution told the court that the defendants allegedly conspired to set a property ablaze, noting that a viral video relating to the incident surfaced around the same period the property was burnt.
Amuzie argued that the offences were serious in nature and capable of breaching public peace, insisting that the gravity of the allegations should weigh heavily against the grant of bail.
He further informed the court that investigations revealed that the suspects did not act alone, adding that other accomplices were still at large.
According to him, the matter before the court was purely criminal and had nothing to do with any land dispute, as being suggested by the defence.
In response, the defence urged the court to exercise its discretion in favour of granting bail, arguing that the offences were not capital in nature.
The defence maintained that the defendants were presumed innocent until proven guilty, as guaranteed under Section 36 of the 1999 Constitution (as amended).
It further submitted that the court had the requisite jurisdiction to grant bail during a remand proceeding, stressing that the suspects were responsible and respected members of society, including an Ozo title holder and a lawyer.
The defence maintained that was “sacrilegious” for an Ozo title holder to be unjustly remanded, insisting that the police had substantially concluded investigations, as shown in an affidavit before the court.
Arguing further, the defence contended that none of the defendants had been formally charged with and questioned the basis for their continued detention.
“You cannot rest something on nothing,” defence argued, adding that keeping the suspects in custody without sufficient legal foundation would be illegal and unconstitutional.
He also questioned why the prosecution did not approach a higher court if it believed the matter required stricter judicial intervention.
Replying, the prosecution maintained that the case involved a serious allegation of arson, noting that a residential building was allegedly burnt. He urged the court to refuse the bail application, insisting that the seriousness of the offence, rather than the social status or professional designation of the defendants, should guide the court’s decision.
After listening to arguments from both sides, Magistrate Anyaegbunam ordered the remand of the defendants, ruling that bail considerations are anchored on the gravity of the 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 to avoid entangling themselves in community disputes capable of escalation.
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 village 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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