The Federal High Court in Owerri, Imo State, has granted bail to a former secretary of the Nigerian Bar Association (NBA) Owerri branch, Chinedu Agu, accused of defaming Governor Hope Uzodinma of Imo State.
Mr Agụ’s lawyer, Stanley Imo, disclosed this to PREMIUM TIMES on Friday morning.
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Mr Imo, a senior advocate of Nigeria, said that all the bail conditions had been perfected on Thursday, but they could not secure Mr Agụ’s release from the Owerri Correctional facility.
He said his team was working to get Mr Agu out on Friday (today).
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Remanded
Mr Agu, a lawyer, was arraigned by the police before a magistrate on Thursday, charged with criminal defamation, incitement, and conduct likely to cause a breach of peace.
He pleaded not guilty to the charges.
PREMIUM TIMES learnt that Mr Agu was remanded in the Owerri Correctional Facility after the Chief Magistrate, Obinna Njemanze, declined jurisdiction to try the matter. He adjourned the case to 29 October.
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However, while Mr Agu was being arraigned at the magistrate’s court, some lawyers led by Mr Imo applied for the lawyer’s bail at the Federal High Court.
The court, under “urgent consideration,” granted the bail application.
Mr Agu, whose earlier proposed arraignment on Wednesday was stalled, was arrested and detained on Tuesday evening, 23 September, after meeting with the police for a second time in one week.
He was said to have been released on bail on the first police invitation on 17 September.
Background
The police in Imo had invited Mr Agu on Tuesday, 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 public peace.
However, the police invitation did not disclose who the lawyer allegedly defamed.
Reacting to the police letter, Mr Agu said 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 Imo State and his other criticisms of the governor were the main reasons Governor Uzodinma’s administration was 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, adding that Mr Agu’s only “offence” appears to be his consistent, lawful, and constructive criticism of governance in Imo State.
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 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.
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