An Imo State Magistrate Court presided over by His Worship Adikaibe on Wednesday, October 23, 2024 remanded activist and broadcaster, Theodore Chinonso Ubah popularly known as Nonsonkwa in Owerri Correctional Centre.
The court said it had to remand him in prison custody because it lacks jurisdiction to grant him bail on the matter.
His Worship Adikaibe reminded the defence counsel of their right to apply for the defendant’s bail at the High Court.
He thereafter adjourned the matter to November 12, 2024 for the Director of Public Prosecution (DPP) report and transmission of the case file.
Nonsonkwa was dragged before the magistrate court by the state on five count charge of conspiracy, treason, arson among others.
Prosecution counsel N S Onwochie represented the Commissioner of Police while the defendant was represented by C. K Mgbekonye, E. T. Okolie, F. N. Obisike, O. F. Olegeme and E. N Nwaibari.
The charge was read to the defendant who was not allowed to take plea on the ground that the court lacks jurisdiction to entertain the charges.
The lead defence counsel C.K. Mgbekonye, Esq. applied for his bail wherein he urged the court to admit the defendant to bail.
He relied on Section 36 sub 5 of the 1999 Constitution as amended and urged the court to admit the defendant to bail as the offences are one that the court could exercise its discretion to grant bail pending trial.
The prosecution counsel, N.S. Onwochei Esq. vehemently opposed the bail application citing section 93 (1) of the Imo State Administration of Criminal Justice Law which gave only the High Court power to grant bail upon application.
He urged the court to refuse bail on the ground that the court lacks jurisdiction to grant bail or even hear the charges.
In view of his submission, the court declined jurisdiction to grant bail and remanded the defendant at the Owerri Correctional Centre.
Nonsonkwa was arrested along Port Harcourt Road Owerri, Imo State capital last Sunday evening by armed men.
Residents who witnessed the manner he was seized concluded that kidnappers had taken him.
Police authorities kept mute refusing to respond to enquiries on the matter till Monday morning when the spokesperson of the police in the state, ASP Henry Okoye issued a statement owning up to clamping Nonsonkwa in police gulag.
