The Federal High Court sitting in Owerri, Imo State capital, has granted bail to Barrister Chinedu Agu, former secretary of the Nigerian Bar Association (NBA), Owerri branch, who is being prosecuted on allegations of criminal defamation and incitement.
The allegations stemmed from Agu’s Facebook posts critical of Governor Hope Uzodinma’s administration and the state’s police command.
The court granted an order admitting the lawyer to bail following the application filed by his legal team led by Stanley Imo (SAN), which was taken and granted on Thursday, September 25, 2025) as a matter of urgency.
Human rights lawyer, Prof Chidi Odinkalu, who made this known in a post on his X (formerly Twitter) account said the application granting bail to Agu was taken and granted by Justice Chituru Wigwe-Oreh of the Federal High Court 2 in Owerri.
SaharaReporters earlier reported that Chief Magistrate Obinna Njemanze of the Magistrate’s Court in Owerri ordered the remand of Barrister Agu, despite acknowledging that the court lacks jurisdiction to hear the matter.
Magistrate Njemanze, who also serves as Deputy Chief Registrar of the Imo State High Court, granted the police request to detain Agu and subsequently adjourned the case to October 29, 2025.
The Imo State Police Command arraigned Agu earlier that morning, charging him with criminal defamation and incitement. Agu pleaded not guilty to all charges.
Following his plea, the prosecution team, led by Mr. F. O. Itua of the police Legal/Prosecution Unit, formally requested that Agu be remanded in prison custody.
In his ruling, Magistrate Njemanze noted that Agu is charged for offences under the Cybercrime – (prohibition, prevention ete.) Amendment Act, 2024.
He acknowledged that by the provisions of section 50 of the Act, “jurisdiction to try the offences charged rests on the Federal High Court. As such, this court lacks the jurisdiction to try the charge before it.
“Both the prosecution and the defence are in agreement with regards, the issue of jurisdiction.”
However, despite the defence counsel opposing the prosecution’s application for Agu to be remanded on the ground of the court’s lack of jurisdiction in the matter, Njemanze granted the police’s application and ordered the lawyer to be remanded.
“I have considered the application for a remand of the defendant as well as that seeking he be admitted to bail,” Magistrate Njemanze stated.
“As earlier stated, the Federal High Court by the provisions of section 50 of the Cybercrime (prohibition, prevention etc) – Amendment Act, 2024 has original jurisdiction to try the offence charged.
“This court can not go into the merits or demerits of the charge brought before it, but has noted that the defendant was produced from custody today.
“As such, the argument that he is on administrative bail by the police can no longer be said to be in effect.
“No reason was given to this court for that development safe to say, the arguments will be better heard and decided at the Federal High Court seised with jurisdiction.
“As such, this court shall defer the matter of bail to be taken at the Federal High Court that has jurisdiction.
“The application for bail is hereby refused, the defendant is ordered to be remanded at the Owerri Correctional Services Centre, Owerri.
“This charge is adjourned to 29th October, 2025 for report/Compliance.”
Earlier on Wednesday, SaharaReporters reported that Odinkalu condemned what he described as “trumped-up” charges against Agu, brought by the Imo State government under Governor Hope Uzodinma in collaboration with the state police command.
In the charge sheet, signed by Barrister F.O. Itua, Officer-in-Charge of Legal/Prosecution Unit at the Imo State Police Command Headquarters, Agu is accused of publishing Facebook posts critical of Governor Uzodinma’s administration and the police.
SaharaReporters on September 17, 2025, reported that the NBA strongly condemned the invitation of Agu by the Imo State Police Command over allegations of “criminal defamation” and “conduct likely to cause a breach of the peace.”
The Association described the development as an abuse of police powers aimed at silencing citizens and intimidating legal practitioners who exercise their constitutional rights.
The legal body emphasized that criticism of government policies, institutions, or officials does not constitute a crime, noting that the continued reliance on criminal defamation charges is a “dangerous relic of authoritarianism” that undermines democracy.
The NBA President, Mazi Afam Osigwe, warned that the Association would take every lawful step, both nationally and internationally, to resist attempts to criminalise free speech or intimidate its members.
Also, the Rule of Law and Accountability Advocacy Centre (RULAAC) condemned police prosecution of Agu, describing it as a clampdown on free expression in Imo State.
RULAAC emphasized that defamation, even if proven, is a civil matter, not a criminal offence. It accused the government of weaponising the police to silence dissent.