EXCLUSIVE(SAHARA REPORTERS): NJC Petitioned by Families of Missing NELAN Engineers Over Ebonyi Court's Suspect Bail, Amnesty Revelations

The families of five NELAN Consulting Ltd engineers, who vanished in Ebonyi State in 2022, have formally lodged a petition with various bodies, including the National Judicial Council (NJC), the Nigerian Bar Association (NBA), and the National Assembly. They are raising concerns about alleged significant judicial improprieties in the handling of the case. Investigations by SaharaReporters, through certified court records, indicate that individuals accused of the engineers' alleged kidnapping were granted bail on self-recognisance. These suspects later received amnesty from the Ebonyi State Government and consistently failed to appear in court, effectively hindering the prosecution. The disappearance occurred while the engineers were supervising the African Development Bank (AfDB)-funded Ring Road project in Ebonyi State. The petition was initiated after the families, through Falana and Falana’s Chambers, secured certified true copies (CTCs) of court proceedings that highlighted these issues.

These critical certified true copies, identified as Charge No. HKW/7C/2022, were procured from the High Court of Ebonyi State, Ohaukwu Judicial Division. The five missing consultants are: Engr. Nelson Onyemeh, who serves as the Chief Executive Officer of NELAN Consulting Ltd, originally from Ihiala, Anambra State; Engr. Ernest Edeani and Engr. Samuel Aneke, both from Nkanu, Enugu State; Engr. Ikechukwu Ejiofor from Umunya, Anambra State; and Engr. Stanley Nwazulum from Amawbia, Anambra State.

According to the detailed court records from the case `The State v. Nweke Arinze & 5 Others` (Charge No. HKW/7C/2022), the judicial process has effectively halted. This stagnation is attributed to the Ebonyi State Government's decision to grant amnesty to several of the accused individuals. On May 7, 2025, during a court session, J.U. Chukwu, the Acting Deputy Director of Public Prosecutions, openly stated that the prosecution was unable to proceed. He explained that their witnesses were hesitant to appear in court due to the amnesty extended to the defendants. Chukwu's statement to the court, as documented, was: "Case is for hearing but we are not ready as our witnesses are trying their best to come owing to the amnesty granted the defendants." Intriguingly, despite the prosecution's admitted unreadiness, Justice John Igboji proceeded to grant bail on self-recognisance to three of the defendants, explicitly stating: "The three applicants who are said to be enjoying the amnesty of the Ebonyi State Government are admitted to bail on self-recognizances."

Furthermore, the certified true copies reveal a pattern of non-appearance by the defendants after they were granted bail. Court records indicate that the accused were conspicuously absent from proceedings on May 8, May 22, and June 3, 2026, despite receiving official hearing notices. This repeated failure to appear prompted Justice Igboji to express his frustration. He then issued a directive for Senior State Counsel M. Ezike to present himself in court and provide an explanation. Justice Igboji's order read: "For the third time, the Defendants are absent and I hereby order that M. Ezike Esq. – Senior State Counsel who informed this Court about the State granting amnesty to the Defendants only to keep away till date, to appear in Court on 24/06/2026 to explain himself."

Earlier in the legal process, the trial successfully withstood an attempt by the defense to remove the fifth and sixth defendants from the charge sheet. The defense team contended that there was insufficient evidence to connect these two individuals to the alleged crime. Conversely, the prosecution vehemently opposed this motion, asserting that one of the defendants reportedly functioned as the Point of Sale (POS) operator involved in the transfer of ransom funds. The prosecution stated: "The 5th Defendant is the POS Dealer through whom money exchanged hands for ransom." On March 8, 2023, Justice Igboji delivered a ruling that rejected the defense's application. His decision was informed by the Supreme Court's precedent in `Agbo v. State`, with the judge declaring: "Having been fingered on the payment of the ransom for the kidnapping, I am of the firm view that the case ought to proceed for the duo to state their own sides of the story." Following this, all six defendants entered pleas of not guilty.

The families have expressed strong reservations regarding the granting of bail and amnesty, particularly given that the victims remain missing. They explained that they sought the certified court records after comments from the Minister of Works, David Umahi, during a protest they organized. Minister Umahi had publicly asserted that the five consultants were fatalities of a communal conflict in Ebonyi and that the perpetrators had been apprehended and were undergoing trial. The families, however, rejected this narrative and decided to obtain court documents to corroborate the minister's claims. Their statement highlighted that the process of acquiring these records uncovered what they termed "disturbing irregularities." Initially, court officials reportedly informed them that the case had only been heard once in 2022, when six suspects were arraigned and granted bail, with no subsequent proceedings.

The families further alleged that they were subsequently informed that the entire case file had gone missing, reportedly held at the trial judge's residence. Their statement detailed the struggle to retrieve the documents: "When pressure became intense on the whereabouts of the case file, with daily follow-ups by the lawyers of the families for the Court to release the demanded record of proceedings, after many back-and-forth excuses, the record of proceedings which reveal further inconsistencies and absurdities vis-à-vis the legal system was located."

The families expressed their distress that out of the initial six suspects, two were discharged post-arraignment due to insufficient prima facie evidence. They also noted that three other suspects received bail on self-recognisance, only to later be granted amnesty by the Ebonyi State Government. They further pointed to a specific court entry that underscored the issues: "For the third time, the Defendants are absent and I hereby order that M. Ezike, Esq., senior counsel who informed this Court about the state granting amnesty to the Defendants only to keep away till date, to appear in Court on 24/06/2026 to explain himself."

A significant point of contention for the families is the perceived inconsistency between the Minister's public declarations and the specific charges detailed in court. They stated: "It will be recalled that the then governor who is presently the Minister of Works, Umahi reiterated to the public that the five engineers were killed but the record of proceedings maintained kidnapping which raises critical questions." They further highlighted that despite consistent public statements about the engineers' deaths, neither the individuals themselves nor their remains have ever been found. The families quoted: "The victims have neither been found alive nor their dead bodies sighted except the announcement by the former Ebonyi governor which he reiterated that the engineers were killed on the 16th March, 2026 during a protest." They concluded that these discrepancies in the court records raise fundamental questions about the integrity of the judicial process.

The families expressed their strong indignation, alleging: "But despite the position, the Court according to its record granted the suspects bail on a capital offence and smartly muted 'murder', and in addition, on self-recognizance." They added: "What is more, the Ebonyi governor according to the record granted the same suspects amnesty even when the trial was yet to commence and even the bodies of the victims are still missing and have not been found." They questioned the legality and ethics of these actions, asking if they align with standard legal practices. The families outlined their major concerns: "The critical issues in the episode are numerous. The first is that murder is not a bailable offence, still, the Judge granted bail. The second is that on no account are murder suspects granted bail on self-recognition." Their fundamental query remains: "The families' critical question is, do these purported actions by the court and the governor meet the specification and standard in the legal system anywhere in the world or is it a new style"