Condemning the Unlawful Detention of Chinedu Agu, Esq. and the Assault on Democratic Principles
From:
Barth Okoye Aniche, Esq.
Past NBA 3rd Vice President
Past Publicity Secretary, Eastern Bar Forum
To:
The Inspector-General of Police
Nigeria Police Force Headquarters
Louis Edet House, Abuja, FCT.
Date: 27th of September, 2025
Dear Sir,
I write with deep concern and a profound sense of duty as a legal practitioner and stakeholder in Nigeria’s democratic project to register my strongest condemnation of the unlawful arrest, detention, and arraignment of my learned colleague, Chinedu Agu, Esq., a former Secretary of the Nigerian Bar Association (NBA), Owerri Branch.
Mr. Agu was invited by officers of the Imo State Police Command’s X-Squad over allegations of “criminal defamation” and “conduct likely to cause a breach of peace,” following articles he published criticizing the Imo State Government. Shockingly, despite the clear constitutional protection of freedom of expression, he was arrested, charged with cyberstalking, defamation, and incitement, and remanded in custody by a Magistrate who openly admitted a lack of jurisdiction.
This action is not only unjustifiable but also illegal, violating several provisions of Nigerian and international law, including:
Section 39(1) of the 1999 Constitution (as amended): guarantees every person the right to freedom of expression and to hold opinions without interference.
Section 35 of the 1999 Constitution: provides for the right to personal liberty and prohibits arbitrary arrest and detention except in strict compliance with the law.
Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9 LFN 2004): protects the right to receive and disseminate information within the law.
Section 34 of the Nigeria Police Act 2020: mandates the police to respect and protect the fundamental rights of all persons in the performance of their duties. 
The criminalisation of free speech through outdated offences such as criminal defamation and vague charges like “conduct likely to cause breach of peace” is a dangerous relic of colonial rule. The continued use of these provisions contradicts the decision of the courts in a plethora of cases, including international courts, which condemned the harassment of journallists, activists and political and social analysts for expressing opinions on public issues.
Moreover, the remand of Mr. Agu by a Magistrate who acknowledged lack of jurisdiction is a flagrant abuse of judicial process and undermines the doctrine of separation of powers, a cornerstone of our democracy.
Erosion of Democratic Values.
A democracy thrives on robust debate, constructive criticism, and the free exchange of ideas. The Nigeria Police Force, as an institution meant to protect citizens and uphold the law, should not become an instrument for silencing dissent or shielding public officials from legitimate scrutiny. Actions such as this erode public trust, intimidate the legal profession, and embolden authoritarian tendencies.
My Demands.
I therefore call on your esteemed office to:
Order the immediate and unconditional release of Chinedu Agu, Esq., and ensure that all spurious charges against him are withdrawn forthwith.
Direct a full investigation into the conduct of the officers involved in his unlawful arrest and arraignment, with a view to imposing appropriate disciplinary sanctions.
Issue a directive reaffirming the Nigeria Police Force’s commitment to protecting freedom of expression and the constitutional rights of all citizens.
The dignity of the Nigeria Police Force lies not in the suppression of criticism but in its ability to protect the rights of those it serves. History will remember the leadership of the Police at this critical moment—either as defenders of democracy or as enablers of tyranny.
Conclusion.
Your office bears the solemn responsibility to safeguard the rule of law and protect the constitutional freedoms for which many Nigerians have struggled and sacrificed. I urge you to act swiftly and decisively to restore public confidence and demonstrate that the Nigeria Police Force remains an institution of law, not oppression.
Respectfully,
Barth Okoye Aniche, Esq.
Past 3rd Vice President, Nigerian Bar Association
Past Publicity Secretary, Eastern Bar Forum.
