It is a tragic commentary on the state of our democracy that those entrusted with public power now deploy state institutions to suffocate free speech. Recently, my colleague and friend, Chinedu Agu, Esq., published a well-reasoned piece comparing governance in Enugu State and his home state of Imo. In that article, he simply highlighted the absence of a Chief Judge and an Attorney-General in Imo State—offices central to the administration of justice and to the constitutional order.
Instead of addressing these serious governance lapses, the government, hiding behind faceless petitioners, has chosen to criminalize free expression by dragging Mr. Agu before a Magistrate Court on the archaic charge of criminal defamation. This action not only offends logic but also violates the 1999 Constitution (as amended), particularly Section 39, which guarantees the right to freedom of expression, and Section 36, which assures every citizen of fair hearing.
One wonders why Chinedu Agu, a legal practitioner, was denied bail in the first place. Does the prosecution genuinely fear that he will abscond from standing trial in a mere criminal defamation matter? More so, when the facts he stated in his article were based on verifiable truths? To remand a lawyer under such circumstances is not only unjustifiable but also a clear attempt at intimidation, rather than a pursuit of justice.
It is even more troubling that the Magistrate, rather than protecting constitutional liberties, chose to remand a legal practitioner in custody, refusing bail under the guise of criminal defamation. Such a stance undermines the judiciary’s sacred role as the last hope of the common man and risks turning our courts into willing tools in the hands of politicians.
However, recent news confirms that concerned lawyers approached the Federal High Court, which has now granted bail to Mr. Agu. This development is welcome, but it does not erase the abuse of process and the initial miscarriage of justice that led to his remand. The fact that the intervention of a higher court was required only underscores how easily fundamental rights can be trampled upon at the lower levels of our judicial system.
The continued existence and abuse of criminal defamation laws in Nigeria stand in sharp contrast to modern democratic practice and to international human rights standards.
Those in power must be reminded that oppressive systems eventually consume even their architects. Today, it is Chinedu Agu in the dock; tomorrow, it may be anyone else, including those who cheer on this abuse.
I therefore call on the judiciary to resist political manipulation, to uphold its constitutional duty, and to ensure that Chinedu Agu, Esq. and others like him are never again subjected to such unlawful harassment. Democracy cannot survive where the pen is silenced, and where the courts surrender their independence to the whims of politicians.
The rule of law, not the rule of fear, must prevail.
Dr. Rapulu Nduka
Past National Publicity Secretary,
Nigerian Bar Association
