An Owerri Chief Magistrate, Obinna Njemanze, on Thursday ordered the remand of Chinedu Agu, a lawyer and former secretary of the Nigerian Bar Association (NBA), Owerri branch, at the Owerri Correctional Centre.
Agu, who pleaded not guilty to a four-count charge of cyberstalking, criminal defamation, and incitement, was arraigned over social media posts critical of Governor Hope Uzodimma’s administration and the Nigeria Police Force.
Magistrate Njemanze, who also serves as Deputy Chief Registrar of the Imo State Judiciary, said he lacked jurisdiction to hear the case and adjourned proceedings to October 29, pending advice from the Director of Public Prosecutions (DPP). He declined to grant bail, despite an application moved on Agu’s behalf by former Imo State Attorney-General, Milletus Nlemadim (SAN).
The charges against Agu cite several Facebook posts in which he allegedly described Imo State as “tyranny trapped in sinking bureaucracy,” compared its governance unfavourably with neighbouring Enugu, and accused the Police’s Tiger Base unit of “unchecked, barbaric and callous human rights abuse.” Prosecutors argued the comments were false, defamatory and capable of inciting unrest, contrary to provisions of the Cybercrime (Prohibition, Prevention, etc.) Amendment Act, 2024.
Agu was arrested on Tuesday after honouring a police invitation, following a petition by the Imo Democratic Alliance accusing him of inciting the public through false publications.
The Nigerian Bar Association has strongly condemned the charges. In a statement signed by its President, Afam Osigwe (SAN), the NBA said criminal defamation is increasingly being used to silence critics, warning that attempts to criminalise free expression threaten democracy.
The association pledged to stand by Agu, ensure his rights are protected and resist efforts to use the Police as a tool for political persecution.
While remanding Agu, Magistrate Njemanze reiterated that only a court of competent jurisdiction could hear the case, directing that the DPP review the file and give further directives.
Agu remains in custody, with his lawyers preparing to seek bail at the Federal High Court.