Prominent Nigerian human rights activist and Senior Advocate of Nigeria (SAN), Femi Falana, has strongly condemned the Federal High Court in Owerri for reversing its earlier decision granting bail to lawyer Chinedu Agu, former Secretary of the Nigerian Bar Association (NBA) Owerri Branch.
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Falana accused the court of succumbing to pressure from the Imo State Government. In a statement, he said: “On September 25, 2025, the Federal High Court admitted Mr. Chinedu Agu to bail. The authorities of the correctional centre refused to release the lawyer on the ground that the order for Mr. Agu’s release on bail was directed to the police. Another application was filed to incorporate the correctional centre in the bail already granted by the Federal High Court. However, based on pressure from the Imo State Government, the Federal High Court turned round to overrule itself by denying bail to Mr. Agu on the same facts!”
Falana described the court’s reasoning as a “spurious excuse”, noting that Agu had already been arraigned in the Magistrate Court, a charge read to him, and he had pleaded not guilty. “The Judge has now said there is no charge pending against Mr. Agu. On what basis did she grant bail on September 25, 2025?” Falana questioned. He called on the NBA to immediately drag the judge to the National Judicial Council (NJC).
Agu, a vocal critic of Governor Hope Uzodinma’s administration, has been in detention at the Nigerian Correctional Service (NCoS) facility in Owerri since September 23, 2025. His arrest followed Facebook posts in which he described the state government as a “tyranny trapped in sinking bureaucracy,” compared Imo unfavorably to Enugu, and accused the police “Tiger Base Unit” of “unchecked, barbaric, brutish, savagery and callous human rights abuse.” These posts were deemed violations under the Cybercrime (Prohibition, Prevention, etc.) Amendment Act, 2024.
The legal saga began when Agu was arraigned before Chief Magistrate Obinna Njemanze, who also serves as Deputy Chief Registrar of the High Court of Imo State. Prosecuted by Mr. F. O. Itua of the Imo State Police Command, Agu faced charges of criminal defamation, incitement, and conduct likely to cause a breach of peace. He pleaded not guilty, but the magistrate ordered his remand in prison, citing lack of jurisdiction over the cybercrime allegations, and adjourned the matter to October 29.
Agu’s defense team, led by over 30 lawyers including former Imo State Attorney-General Miletus Onukoagu Nlemadim and Stanley Imo SAN, promptly sought bail at the Federal High Court. On September 25, 2025, the court granted the application, enabling Agu’s temporary release while proceedings continued. However, the correctional authorities initially refused to execute the order, insisting it applied only to the police.
In a dramatic turn, Justice Chituru Wigwe-Oreh later denied the uncontested bail application, citing the “absence of any formal charge” against Agu—a claim Falana dismissed as legally unsound.
The case has drawn strong reactions from the legal community. The NBA criticized Agu’s initial police summons as an abuse of power aimed at intimidating critics, while the Rule of Law and Accountability Advocacy Centre (RULAAC) argued that defamation, if proven, is a civil matter and should not warrant criminal prosecution.
Falana’s statement has reignited debates over judicial independence and free expression in Imo State, with his call for the NBA to drag the judge to the NJC signaling a possible escalation of legal challenges to Agu’s continued detention. The matter remains adjourned, with the magistrate’s hearing scheduled for October 29, 2025.
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