The Federal High Court in Owerri has granted bail to Barrister Chinedu Agu, a former secretary of the Nigerian Bar Association (NBA), Owerri branch. Agu is facing trial over Facebook posts that allegedly criticised Governor Hope Uzodinma’s administration and the Imo State Police Command.
Justice Chituru Wigwe-Oreh of Federal High Court 2 in Owerri granted the bail application on Thursday, September 25, 2025, after hearing submissions from Agu’s legal team, led by Senior Advocate of Nigeria, Stanley Imo. Human rights lawyer, Professor Chidi Odinkalu, confirmed the development in a post on his X (formerly Twitter) account.
Earlier Court Proceedings
Before this ruling, a Magistrate’s Court in Owerri, presided over by Chief Magistrate Obinna Njemanze, had ordered Agu’s remand. This was despite acknowledging that the court had no jurisdiction to hear the charges.
The police had arraigned Agu earlier that day on counts of criminal defamation and incitement. He pleaded not guilty, but the prosecution, led by Barrister F.O. Itua from the police legal unit, asked that he be remanded in custody.
Magistrate Njemanze admitted that offences under the Cybercrime (Prohibition, Prevention, etc.) Amendment Act, 2024, fall within the jurisdiction of the Federal High Court—not the Magistrate’s Court. However, he still granted the prosecution’s request and ordered Agu to be remanded at the Owerri Correctional Centre until October 29, 2025.
Reactions from Lawyers and Rights Groups
The case has attracted criticism from legal bodies and human rights organisations.
The NBA had earlier condemned the arrest and detention of Agu, describing it as an abuse of police powers. NBA President, Mazi Afam Osigwe, warned that the Association would resist any attempt to criminalise free speech or intimidate lawyers for carrying out their constitutional rights.
Similarly, the Rule of Law and Accountability Advocacy Centre (RULAAC) faulted the charges, calling them a direct attack on freedom of expression. The group stressed that defamation, even if established, is a civil matter—not a criminal offence.
Professor Odinkalu also described the charges as “trumped up,” accusing the Imo State government and police of weaponising the law to silence dissent.
Broader Concerns
Agu’s case has renewed debate about the use of criminal defamation laws in Nigeria. Many observers argue that the law is outdated and often used to suppress critics of government officials. Rights groups maintain that democracy thrives on accountability and open criticism, not on intimidation through arrests.
For now, Agu is out on bail, but his trial will continue at the Federal High Court, which has proper jurisdiction over the matter.
