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Magistrate Declines Jurisdiction, Orders Remand of Lawyer in Cybercrime Case Against Governor Uzodimma

Magistrate Declines Jurisdiction, Orders Remand of Lawyer in Cybercrime Case Against Governor Uzodimma

An Owerri Chief Magistrate, Obinna Njemanze, on Thursday ordered the remand of Owerri-based lawyer, Chinedu Agu, at the Owerri Correctional Centre following his arraignment on a four-count charge bordering on cyberstalking, criminal defamation, and incitement. The charges arose from opinion pieces and social media posts allegedly critical of Governor Hope Uzodimma’s administration.

Agu pleaded not guilty to the charges. However, Magistrate Njemanze—who also serves as Deputy Chief Registrar of the Imo State Judiciary—held that he lacked jurisdiction to entertain the matter. He consequently ordered Agu’s remand pending the advice of the Imo State Director of Public Prosecutions (DPP). The case was adjourned to 29 October 2025, by which time the DPP is expected to determine the appropriate court with competent jurisdiction.

A bail application moved on Agu’s behalf by former Imo State Attorney-General, Barr. Milletus Nlemadim, was refused by the magistrate. The proceedings drew the presence of several senior lawyers, including the Chairman of the Nigerian Bar Association (NBA), Owerri Branch, Chief Chris Ihentuge, and the Chairman of the Eastern Bar Forum, Damian Nosike, who attended in solidarity.

The prosecution’s case is premised on a series of social media posts allegedly authored by Agu. In one, dated 30 August 2025, he was said to have written that “the courts are closed and justice has been kidnapped not by bandits in the bush, but by bandit in government,” while describing Imo State as “tyranny trapped in sinking bureaucracy.” He was further accused of posting that “Enugu is working, Imo is rotting,” and that governance in the state resembled an “abandoned property.” Prosecutors insist these statements were false and calculated to incite public unrest.

Another count relates to Agu’s alleged description of the Police’s Tiger Base unit as “specialist in the act of unchecked, barbaric, brutish, savagery and callous human rights abuse now assumed the roles of the accuser, judge and executioner.” The prosecution contends that such remarks were defamatory, damaging to the reputation of the Nigeria Police Force, and capable of provoking hostility against law enforcement.

The charges were framed under the Cybercrime (Prohibition, Prevention, etc.) Amendment Act, 2024, particularly Section 24(1)(b), alongside other relevant statutes. Agu, a former Secretary of the NBA Owerri Branch and a vocal critic of Governor Uzodimma, was arrested on Tuesday after honouring a police invitation. His arrest followed a petition by the Imo Democratic Alliance, signed by Umukoro Marvis Udochukwu, alleging that his publications were false and incited the public.

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The Nigerian Bar Association has strongly condemned the development. In a statement signed by its President, Afam Osigwe (SAN), the NBA described the charges as part of a disturbing pattern of deploying criminal defamation laws to intimidate and silence critics. The association emphasised that criticism of government policies and institutions is protected under Section 39 of the 1999 Constitution (as amended), and warned that attempts to criminalise dissent threaten democratic governance.

The NBA pledged to stand firmly with Agu, safeguard his constitutional rights, and hold both the Police and state actors accountable. It urged the Imo State Command to resist being used as a tool of political persecution and reiterated that democracy thrives on open debate and tolerance of opposing views. Meanwhile, Agu remains in custody at the Owerri Correctional Centre, with his legal team indicating plans to pursue bail at the Federal High Court. The NBA has vowed to monitor proceedings closely and provide full support in his defence.

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