A Magistrate’s Court in Owerri, Imo State, on Thursday arraigned former Secretary of the Nigerian Bar Association (NBA), Owerri Branch, Chinedu Agu, on charges of criminal defamation, incitement, and conduct likely to cause breach of peace.
Agu was brought before Chief Magistrate Obinna Njemanze, who also serves as the Deputy Chief Registrar of the High Court of Imo State. The arraignment was led by a police prosecution team headed by Mr. F. O. Itua, Officer-in-Charge of Legal/Prosecution at the Imo State Police Command.
The charges stem from Facebook posts in which Agu allegedly described the Imo State government under Governor Hope Uzodinma as “tyranny trapped in sinking bureaucracy,” compared Imo unfavorably to Enugu, and accused the police “Tiger Base Unit” of “unchecked, barbaric, brutish, savagery and callous human rights abuse.”
According to the charge sheet, signed by Itua, ...s were considered false, inciting, and capable of provoking unrest. They were charged under Section 24(1)(b) of the Cybercrime (Prohibition, Prevention, etc.) Amendment Act, 2024. Another count accused Agu of publishing defamatory content against the state government and police, deemed likely to cause breach of peace and punishable under Section 249(d) of the Act.
Agu pleaded not guilty after the charges were read. The police prosecution immediately applied for his remand in prison, sparking arguments in court.
Represented by a formidable defence team of over 30 lawyers led by former Imo State Attorney-General Miletus Onukoagu Nlemadim, Agu faced a Magistrate Court in Owerri presided over by Obinna Njemanze, which had ordered his remand in prison while citing a lack of jurisdiction over the charges and adjourned the matter to October 29.
The arraignment has drawn strong reactions from civil society and the legal community. On September 17, the NBA condemned Agu’s earlier police invitation as an abuse of police powers designed to intimidate critics. NBA President Mazi Afam Osigwe insisted that criticism of government policies and institutions does not constitute a crime, warning that the Association would resist attempts to criminalise free speech or silence its members.
Similarly, the Rule of Law and Accountability Advocacy Centre (RULAAC) faulted the charges, arguing that defamation, even if established, is a civil matter and not a criminal offence. It accused the government of weaponising the police to stifle dissent in the state.
The matter has been adjourned for further hearing on the remand application.