Technicality Sets In As Agu To Remain In Custody — Imo Police & NCoS Say Bail Order Not Directed At Them As FHC Demands Urgent Reapplication

The Imo State Police Command and the Nigerian Correctional Service (NCoS) have indicated that lawyer Chinedu Agu will remain in custody over the weekend, noting that the Federal High Court’s bail order granted earlier was directed at the police and not the custodial authority. As a result, Agu will stay in detention while his legal team prepares a fresh application, which the Federal High Court has instructed to be filed and heard urgently next week.

Agu, the former Secretary of the Nigerian Bar Association (NBA), Owerri Branch, was arraigned more than four days ago at a Magistrate’s Court on charges of criminal defamation, incitement, and conduct likely to cause a breach of the peace. The allegations arose from Facebook posts in which he criticized the Imo State government under Governor Hope Uzodinma as “tyranny trapped in sinking bureaucracy,” drew unfavorable comparisons between Imo and Enugu States, and accused the police “Tiger Base Unit” of “unchecked, barbaric, brutish, savagery, and callous human rights abuse.”

During the arraignment before Chief Magistrate Obinna Njemanze, who also serves as Deputy Chief Registrar of the Imo State High Court, Agu pleaded not guilty. He was represented by a formidable legal team of over 30 lawyers led by former Imo State Attorney-General Miletus Onukoagu Nlemadim. The police prosecution, led by Mr. F. O. Itua, immediately sought his remand, which the magistrate granted, citing lack of jurisdiction over the charges, and adjourned the case to October 29.

Following the magistrate’s decision, Agu’s lawyers filed an urgent bail application at the Federal High Court, which was approved to allow his temporary release. However, because the order was not directed at the custodial authority, it could not be executed immediately. The Federal High Court has now instructed that a fresh application be filed specifically covering the corrections authority, with the hearing scheduled for next week.

Meanwhile lawyers have described Agu’s detention as politically motivated, aimed at intimidating government critics. The NBA described the police’s actions as an “abuse of power,” while the Rule of Law and Accountability Advocacy Centre (RULAAC) emphasized that defamation, even if proven, is a civil matter and should not warrant criminal prosecution.

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