In a strongly worded open letter, Barth Okoye Aniche, Esq., Past 3rd Vice President of the Nigerian Bar Association (NBA) and former Publicity Secretary of the Eastern Bar Forum, has condemned the unlawful arrest, detention, and arraignment of Chinedu Agu, Esq., former Secretary of the NBA Owerri Branch.
The letter, addressed to the Inspector-General of Police at the Nigeria Police Force Headquarters in Abuja, raises alarm over what Aniche described as an assault on democratic principles and the fundamental rights of citizens.
According to him, 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. Despite constitutional protections, Agu was arrested, charged with cyberstalking, defamation, and incitement, and subsequently remanded in custody by a Magistrate who admitted lacking jurisdiction.
Violations of Law and Constitution
Aniche highlighted several provisions breached by this action, including:
- Section 39(1) of the 1999 Constitution (as amended): guarantees freedom of expression.
- Section 35 of the 1999 Constitution provides the right to personal liberty and prohibits arbitrary arrest.
- Article 9 of the African Charter on Human and Peoples’ Rights: protects the right to disseminate information.
- Section 34 of the Nigeria Police Act 2020: mandates the police to protect fundamental rights.
He condemned the continued criminalisation of free speech through relic offences such as criminal defamation and “conduct likely to cause breach of peace,” which contradict judicial decisions and international standards.
Erosion of Democratic Values
According to Aniche, the unlawful remand undermines judicial independence and erodes the doctrine of separation of powers. He warned that using the police to silence dissent weakens public trust and emboldens authoritarian tendencies.
Demands to the Inspector-General
In his open letter, Aniche made the following demands:
- Immediate and unconditional release of Chinedu Agu, Esq., and withdrawal of all charges.
- A full investigation into the conduct of the officers involved, with disciplinary sanctions imposed.
- Issuance of a directive reaffirming the police’s commitment to protecting freedom of expression and constitutional rights.
Conclusion
Aniche urged the Inspector-General to act decisively to restore public confidence:
“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.”
He concluded by reminding the IGP of the police’s solemn duty to safeguard the rule of law and protect the constitutional freedoms for which Nigerians have struggled and sacrificed.
Signed:
Barth Okoye Aniche, Esq.
Past 3rd Vice President, Nigerian Bar Association
Past Publicity Secretary, Eastern Bar Forum
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