Magistrate sends lawyer to prison for criticising Uzodimma

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An Owerri Chief Magistrate, Obinna Njemanze, on Thursday ordered the remand of Owerri-based lawyer Chinedu Agu at the Owerri Correctional Centre after his arraignment on charges alleging cyberstalking, criminal defamation and incitement over opinion articles criticising Governor Hope Uzodimma’s administration.

Agu pleaded not guilty to the four-count charge, but Magistrate Njemanze—who also serves as Deputy Chief Registrar of the Imo State Judiciary—said he had no jurisdiction to try the matter and ordered Agu remanded pending the advice of the Imo State Director of Public Prosecutions (DPP). The matter was adjourned to October 29, 2025, by which time the DPP is expected to assign the case to a court with competent jurisdiction.

A bail application led by former Imo State Attorney-General Barr. Milletus Nlemadim on behalf of Agu was turned down by the magistrate. Several senior lawyers attended the hearing, including the Chairman of the Nigerian Bar Association (NBA), Owerri branch, Chief Chris Ihentuge, and Chairman of the Eastern Bar Forum, Damian Nosike.

The charges against Agu stem from several social media posts in which he allegedly criticised the state government and the Nigeria Police Force. Prosecutors claim that on August 30, 2025, Agu wrote on Facebook that “the courts are closed and justice has been kidnapped not by bandits in the bush, but by bandit in government” and described the state as “tyranny trapped in sinking bureaucracy.” He was also accused of posting that “until the leadership changes how it sees governance, nothing will change in this abandoned property called ‘Imo State’” and “Enugu is working, Imo is rotting,” comments the prosecution insists were false and intended to incite unrest.

Another count alleges that Agu described the Police’s Tiger Base unit as “specialist in the act of unchecked, barbaric, brutish, savagery and callous human right abuse now assumed the roles of the accuser, judge and executioner.” The prosecution argues that such statements were false, damaging and capable of provoking public hostility against the force. Collectively, the charges accuse him of acting in a manner likely to cause breach of the peace and publishing defamatory material against the Imo State government and the Police.

The offences are said to contravene provisions of the Cybercrime (Prohibition, Prevention etc.) Amendment Act, 2024, including Section 24(1)(b), and related statutes. Agu, a former secretary of the NBA Owerri Branch and a known critic of Governor Uzodimma’s administration, was arrested on Tuesday after honouring a police invitation. His arrest followed a petition by the Imo Democratic Alliance, signed by Umukoro Marvis Udochukwu, accusing him of inciting the public through false publications.

The Nigerian Bar Association has condemned the development. In a statement signed by its President, Afam Osigwe (SAN), the NBA described the charges as part of a troubling trend of using criminal defamation to harass and silence critics. It stressed that criticism of government policies, institutions or officials is not a crime but a constitutional right under Section 39 of the 1999 Constitution (as amended). The association warned that any attempt to muzzle dissent undermines democratic governance and vowed to resist efforts to criminalise free speech.

The NBA said it would continue to stand with Agu, ensure his rights are protected and hold the Police and state actors accountable. It urged the Imo State Command to avoid being used as an instrument of political persecution and reminded the government that democracy thrives on open debate and dissent.

Magistrate Njemanze explained in court that he lacked jurisdiction to entertain the criminal charge and therefore could not proceed to hear the case. He ordered that Agu remain in custody while the DPP considers the file and decides whether to prefer charges before a competent court. He declined to grant bail and adjourned the case to October 29 for further direction.

Agu remains in detention at the Owerri Correctional Centre. His legal team has indicated plans to pursue bail at the Federal High Court, while the NBA has promised to monitor developments closely and provide support in his defence.

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