On Wednesday October 22, 2014 an Uyo High Court presided over by Hon. Justice Joy Unwana of Court 7 discharged and acquitted 40 of the 44 innocent students of the University of Uyo who were arbitrarily arrested, incarcerated and arraigned in connection with the students' demonstrated in the institution on June 12, 2013 against oppressive policies.


It would be recalled that the management of the institution had invited anti-riot policemen to brutally suppress what was clearly a peaceful protest by students. The police in the most unprofessional manner exuded maximum force by firing live bullets which resulted in the death of a male student of the Department of Zoology of the school by name Kingsley Udoette, who was ostensibly hit by a stray bullet fired by the police since there is no iota of evidence that any other person aside the policemen used arms during the duration of the crisis.

Following the provocative murder of Kingsley Udoette, the peaceful protest turned violent, leading to the destruction of some structures and facilities of the institution. This led to the closure of the university. The police then embarked on a reckless and arbitrary arrest of 44 innocent students that they were able to lay their lawless hands on from their off campus hostel along Udi Street in Uyo and on the road.

Upon the reopening of the school, each engineering student of University of Uyo was made to pay the sum of N10,000 while other students paid N7,500 as surcharge for the damaged properties. Despite the death of a student and the payment of surcharge by students, the Prof. Comfort Ekpo-led management of the school still colluded with the police and the Akwa Ibom State Government to subject the 44 arrested students to a very frivolous and senseless criminal prosecution.

In a primitive show of force, the police in a gestapo manner took the 44 students before an Uyo Chief Magistrate Court presided over by Chief Magistrate Lawrence S. Udonwa on trump-up charges of murder, arson among others, even when they knew that only the state High Court have the jurisdiction over these offences.

The Chief Magistrate declined jurisdiction in the matter, but instead of discharging the students accordingly, surprisingly made a committal order remanding the students in the Uyo Prisons pending the decision and advice of the State Director of Public Prosecution (DPP) under the cover of the notorious practice of 'Holding Charge'- a practice which was deprecated by the Supreme Court of Nigeria in the much cited case of Enwere versus Commissioner of Police [1993] 6 NWLR (Pt. 299) 333. The apex court in that case had declared the practice unconstitutional.


Following the remand order, the 44 affected students were incarcerated in prison custody for several months over what they knew nothing about. Their poor parents and guardians spent hundreds of thousands of naira for the services of lawyers except for the few that we were able to secure pro bono (free) legal services for. One of the students developed a mental illness while in prison. His condition deteriorated after his release from custody which led to the suspension of his studies.

Not satisfied, the Akwa Ibom State Government preferred charges against the students in the High Court. Finally, the judiciary has risen to its historic responsibility as the last hope of the common man, the shield of the oppressed and the guardian of the rights of the citizens.

The learned trial Judge, Hon. Justice Joy Unwana, a fearless and reputable judge, in ruling on the application to quash the charges filed by lawyers to 40 of the 44 students discharged and acquitted the 40 students on charges of conspiracy, unlawful assembly, arson, and murder on the ground that no prima facie case has been made out against them by the prosecution as the prosecution could not establish any link between the accused persons and the commission of the crime.


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