12 CSOs to petition NJC over alleged collusion of executive-judiciary in Imo against govt critic Chinedu Agu

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12 CSOs to petition NJC over alleged collusion of executive-judiciary in Imo against govt critic Chinedu Agu

By Ishaya Ibrahim

Twelve Civil Society Organisations (CSOs) have called on a Federal High Court judge in Imo State to show courage and rule on the bail application of lawyer Barrister Chinedu Agu. The case stems from a petition filed by the Imo State government against Mr. Agu.

According to the statement, the judge initially granted bail but muddled the process by directing the ruling to the police instead of the correctional service. It further revealed that during a subsequent bail application, the judge  unnecessarily demanded written addresses from all parties, even though none opposed the bail.This demand has caused the case to linger, leading to Agu’s prolonged detention.

Before the High Court case, the police mischievously arraigned Agu on September 25 in a Magistrate Court. They did this despite knowing that the cyberbullying charge falls outside a Magistrate’s jurisdiction.

While the Chief Magistrate, Obinna Njemanze, rightly declined jurisdiction, he nonetheless ordered Agu’s remand at the Owerri Correctional Facility until October 29, which is over a month from the day of arraignment.

In a joint press statement on October 10, the 12 CSOs, strongly condemned the executive-judiciary collusion in frustrating the bail of Barrister Agu. The CSOs warned that it may petition the National Judicial Commission (NJC) if the matter of Agu is not resolved.

The statement titled;  “ON THE CONDUCT OF THE FEDERAL HIGH COURT, OWERRI, IN THE MATTER OF CHINEDU AGU,”  reads:

“On September 9, 2025, the police in Imo State invited Mr. Chinedu Agu, a former Secretary of the Nigerian Bar Association (NBA), Owerri Branch, over an alleged case of criminal defamation. The petition reportedly originated from the Imo State Ministry of Information, following Mr. Agu’s public criticisms of Governor Hope Uzodimma, particularly his consistent advocacy for the appointment of the most qualified person as Acting Chief Judge of Imo State.

“Mr. Agu honoured the police invitation and was initially released on bail on September 17, 2025. However, after honouring a second invitation on September 23, he was re-arrested and detained. Two days later, on September 25, the police arraigned him before a Magistrate’s Court on charges of criminal defamation, incitement, and conduct likely to cause a breach of peace. The presiding Chief Magistrate, Obinna Njemanze, declined jurisdiction to entertain the matter and ordered his remand at the Owerri Correctional Facility, adjourning the case to October 29.

“Meanwhile, on the same day, a Federal High Court in Owerri granted Mr. Agu bail. Despite fulfilling all bail conditions, he has not regained his freedom because the Federal High Court’s order was directed to the police, while the remand order emanated from the Magistrate’s Court. His counsel, Stanley Imo, SAN, subsequently filed a fresh bail application before the Federal High Court, praying the court to direct the correctional authorities to release Mr. Agu.

“Shockingly, despite the absence of any opposition from the prosecution, the Federal High Court has continued to delay ruling on the matter, requesting written addresses on the question of the competence of the bail application – a reasoning that defies both legal and constitutional logic.

“These disturbing developments have heightened fears about political interference in the judicial process in Imo State and prompted the undersigned Southeast Civil Society Organisations (CSOs) to issue this statement.

*Our Position*

“We, the undersigned Civil Society Organisations, express grave concern over the disturbing handling of the bail proceedings of Mr. Chinedu Agu at the Federal High Court, Owerri, Imo State. The facts emerging from the case raise serious questions about the impartiality, independence, and integrity of the presiding judge and the broader state of judicial autonomy in Imo State.

“Despite the absence of any counter-affidavit or opposition to the bail application, the court has repeatedly adjourned its ruling on a clearly bailable matter – instead calling for written addresses on an inexplicable issue: whether the bail application is competent given that there is no pending charge. This line of reasoning not only contradicts basic legal principles but also suggests a troubling reluctance to uphold justice in a matter concerning the liberty of a citizen who has been detained since September 23, 2025, without charge.

“Such judicial conduct reflects, at best, gross indifference to the court’s constitutional duty to protect the rights of citizens, and at worst, complicity with executive overreach and repression in Imo State. This undermines public confidence in the judiciary and deepens concerns about state capture of democratic institutions in the state.

*Our Demands*

“1. We call on the presiding judge to act with courage, impartiality, and fidelity to the Constitution by promptly delivering a fair ruling on the bail application without further delay.

“2. We urge the Chief Judge of the Federal High Court and the Chairman of the National Judicial Council (NJC) to take note of this troubling development and ensure that judicial officers in Imo State are not being used as instruments of political persecution.

“3. We warn that if this pattern of delay, manipulation, and apparent bias persists, we shall be compelled to jointly petition the National Judicial Council for disciplinary action and a full investigation into the conduct of the judge concerned.

*Conclusion*

“The judiciary remains the last hope of the common man. When it becomes complicit in the suppression of liberty, democracy itself stands in peril. We therefore call on all stakeholders – including the Nigerian Bar Association, the National Human Rights Commission, and the media – to join us in defending the integrity of the justice system in Imo State and across Nigeria.

“Justice delayed is justice denied. Justice compromised is democracy betrayed.

*Signed:*

For and on behalf of Southeast Civil Society Organisations (CSOs):

1. Rule of Law and Accountability Advocacy Centre (RULAAC)

2. Civil Rights Realisation and Advancement Network (CRRAN)

3. International Solidarity for Peace and Human Rights Initiative (ISPHRI)

4. Centre for Human Rights Advocacy and Wholesome Society (CEHRAWS)

5. Prison Advocacy & Justice Initiative (PAJI), Owerri

6. Foundation for Environmental Rights Advocacy & Development (FENRAD Nigeria)

7. Open Bar Initiative (OBI)

8. Atrocities Watch Africa

9. Nchekwa Ndi Ogbenye Foundation

10. Vision Spring Initiatives

11. People’s Rights Organization (PRO)

12. Democracy and Human Rights Network (DHRN)