Before Their Lordships
MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria
JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria
BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria
KUMAI BAYANG AKAAHS Justice of The Supreme Court of Nigeria
Between
1. RALPH UWAZURUIKE
2. AMBROSE ANYASO
3. AUGUSTINE IHUOMA
4. CHIBUIKE NWOSU
5. KELECHI UBABUIKE
6. CHIMANKPA OKOROCHA
7. BENEDICT ALAKWEM –Appellants
AND
1. THE ATTORNEY-GENERAL OF THE FEDERATION –Respondent
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BODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): 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.
