Contrary to police claim, lawyer accused of defaming Uzodinma wasn’t arraigned on Wednesday

The arraignment of Chinedu Agu, a former secretary of the Nigerian Bar Association (NBA), Owerri branch, for allegedly defaming Governor Hope Uzodinma of Imo State, has been stalled.

PREMIUM TIMES learnt that Mr Agu was detained on Tuesday evening, 23 September, after meeting with the police for the second time.

He was said to have been released on bail on the first police invitation on 17 September.

The police spokesperson in the state, Henry Okoye, claimed that Mr Agu, a lawyer, was arraigned before a magistrate in Owerri on Wednesday, on alleged cyberstalking, defamation of character, inciting civil disturbances, and conduct likely to cause a breach of the peace.

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However, a lawyer and member of the NBA Owerri branch, who did not want his name mentioned, told our reporter that the arraignment was stalled at the Magistrate’s Court in Owerri on Wednesday because of the absence of a chief magistrate.

He said the proceedings were not held as magistrates were said to be attending an official function.

“After several hours of waiting, the lawyers present were informed that no chief magistrate was available to hear the matter, so he (Mr Agu) was taken back to the police cell”.

When contacted, the police spokesperson in the state, Mr Okoye, corroborated the lawyer’s claim. He said the magistrate to whom the case was assigned was absent on Wednesday.

Mr Okoye said the lawyer, Mr Agu, would be arraigned on Thursday (today).

Background

The police in the state had invited Mr Agu on 9 September over the alleged defamation.

In the letter addressed to the lawyer, the office of the X-Squad Unit of the police in Imo said they were inviting him over an alleged criminal defamation of character and conduct likely to cause breach of peace.

However, the police invitation did not disclose who the lawyer allegedly defamed.

Reacting to the police letter, Mr Agu said that the invitation stemmed from a petition allegedly lodged by the Imo State Ministry of Information against him.

He said that his consistent calls for Governor Uzodinma to appoint the most qualified person as acting chief judge of the state, among his other critical remarks, were the main reasons the Imo government came after him.

The Owerri branch of the NBA and a rights group, Rule of Law and Advocacy Centre, faulted the police’s invitation to the lawyer, saying that Mr Agu’s only “offence” appears to be his consistent, lawful, and constructive criticism of governance in Imo.

The Commissioner for Information in Imo, Declan Emelumba, denied filing a petition with the police against Mr Agu.

Defamation is criminalised in Nigeria

In Nigeria, defamation remains both a civil and criminal offence.

According to Sections 373–375 of the Criminal Code and Sections 391–395 of the Penal Code, individuals found guilty of criminal defamation can face imprisonment, fines, or both.

In November 2024, the police arrested a former commissioner for foreign affairs in Imo, Fabian Ihekweme, for his frequent criticism of Governor Uzodinma’s administration.

Mr Ihekweme was later released in January.