It was indeed a day of celebration for De Norsemen members in Enugu state as an Enugu East Magistrate Court sitting in the state has on Tuesday dismissed a criminal suit filed against 20 residents of the State concerning their alleged membership of an unlawful society.
Delivering its judgement, in the case number CME/587c/2019- Commissioner of Police vs Henry Oputa &19 Ors, the court upheld a no case submission made by the defence counsel.
Chief Magistrate A. C. Mbah also discharged the defendants on the grounds that the prosecution failed in proving the elements of the two-count charge and that the evidence shown by the prosecution witnesses was discredited as a result of cross examination and rendered manifestly unreliable.
WITHIN NIGERIA gathered that the defendants were arraigned before the court on April 6, 2023 on a two-count charge of conspiracy to belong to “an unlawful society and thereby committed an offence punishable under Section 495(a) of the Criminal Code, Cap. 30, vol. II Revised Laws of Enugu State of Nigeria 2004.”
It was also learnt that the charge also held that they “did register with RC 7458 with the name De Norsemen Kclub Inc. under the disguise of unlawful society on 6th and 7th days of September, 2019, gather themselves under the guise and held the meeting of Vikings Confraternity, an unlawful society and thereby committed an offence punishable under Section 8 of Public Order (Prohibition of Secret Cults and their activities) Law No. 17 Revised of Enugu State of Nigeria 2009.”
Consequent upon these purported findings, the defendants were arrested at a Hotel, Enugu on 7th September, 2019, during the convention of De Norsemen Kclub Inc. by the police.
However, in their separate statements to the police after the arrest, some of them admitted their membership of the club and insisted that it was not a secret cult, while about six others denied membership, asserting that they were in the hotel facility for other reasons.
Consequent upon this, they were arraigned and all pleaded not guilty to the charge.
During the trial, the prosecution counsel, Simeon Eze called two witnesses- ASP Godspower Owuzo and DSP Ekeleme Chidobe, then tendered six exhibits, including the document from the Corporate Affairs Commission.
But E.E. Anosike leading S.P.C. Nwokolo, Okoronkwo Uneke and S.A. Nwankwo, as defence counsels, averred that from the totality of evidence led by the prosecution to prove the case, “we respectfully submit that the prosecution has not made out prima facie case to warrant the defendants to enter their defence.”
Giving judgement on the matter, Chief Magistrate Mbah declared that the prosecution could not prove its case beyond reasonable doubt.