Ralph Uwazuruike & Ors V. The Attorney-general Of The Federation (2013)

LAWGLOBAL HUB Lead Judgment Report

BODE RHODES-VIVOUR, J.S.C.

On the 8th day of November, 2005 the appellants’ as accused persons were arraigned before a Federal High Court, Abuja, and charged on four counts which read as follows:

Count 1

That you Ralph Uwazurike (M) 45 years old, Chibuike Nwosu (M) 23 years old, Benedict Alakwen (M) 45 years old, Chimankpa Okorocha (M) 19 years old, Kelechi Ubabuike (M) 27 years old, Ambrose Anyaso (M) 46 years old and Augustine Ihuoma (M) all of MASSOB Headquarters, Okwe, Onu-Imo Local Government Area of Imo State on diverse dates (between January 2004 and October 2005) at Owerri Imo State and other places in Nigeria within the jurisdiction of the Federal High Court with intent to levy war, overawe and overthrow the legitimate Government of Nigeria did conspire among yourselves to commit felony to wit: treason against the President of the Federal Republic of Nigeria and you thereby committed an offence contrary to section 37(2) of the Criminal Code Act Chapter 77, Laws of the Federation of Nigeria 1990 and punishable under section 37 of the Criminal Code Act.

COUNT 2

That you Ralph Uwazurike (M) 45 years old, Chibuike Nwosu (M) 23 years old, Benedict Alakwen (M) 45 years old, Chimankpa Okorocha (M) 19 years old, Kelechi Ubabuike (M) 27 years old, Ambrose Anyaso (M) 46 years old and Augustine Ihuoma (M) all of MASSOB Headquarters, Okwe, Onu-Imo Local Government Area of Imo State on diverse dates (between January 2004 and October 2005) at Owerri Imo State and other places in Nigeria within the jurisdiction of the Federal High Court did commit treason against the Federal Republic of Nigeria by belonging to a Militant Group called MASSOB ARMY which is undergoing training with intent to levy war in order to intimidate overawe and overthrow the President and Government of the Federal Republic of Nigeria and up thereby committed a felony contrary to and punishable under section 237 (1) of the Criminal Code Act chapter 77 Laws of the Federation of Nigeria 1990.

COUNT 3

That you Ralph Uwazurike (M) 45 years old, Chibuike Nwosu (M) 23 years old, Benedict Alakwen (M) 45 years old, Chimankpa Okorocha (M) 19 years old, Kelechi Ubabuike (M) 27 years old, Ambrose Anyaso (M) 46 years old and Augustine Ihuoma (M) all of MASSOB Headquarters, Okwe, Onu-Imo Local Government Area of Imo State on diverse dates (between January 2004 and October 2005) at Owerri Imo State and other places in Nigeria within the jurisdiction of the Federal High Court are members of unlawful society called MASSOB and you hereby committed a felony contrary to and punishable under section 64 of the Criminal Code Act chapter 77 Laws of the Federation of Nigeria 1990.

COUNT 4

That you Ralph Uwazurike (M) 45 years old, Chibuike Nwosu (M) 23 years old, Benedict Alakwen (M) 45 years old, Chimankpa Okorocha (M) 19 years old, Kelechi Ubabuike (M) 27 years old, Ambrose Anyaso (M) 46 years old and Augustine Ihuoma (M) all of MASSOB Headquarters, Okwe, Onu-Imo Local Government Area of Imo State on diverse dates (between January 2004 and October 2005) at Owerri Imo State and other places in Nigeria within the jurisdiction of the Federal High Court formed, managed and assisted in the management of an unlawful society of more than ten persons known and called MASSOB MEMBERS with the objective of:

(a) subverting or promoting the subversion of the Government of the Federal Republic of Nigeria and its officials;

(b) committing, inciting acts of violence and intimidation;

(c) interfering with, resisting, encouraging interference with or resistance to the administration of law; and

(d) disturbance of peace and order in the entire country- Nigeria contrary to section 62(2)(1) and punishable under section 63 of the Criminal Code Act chapter 77 Laws of the Federation of Nigeria 1990.