The Nigerian Bar Association notes with deep concern the troubling developments in Imo State, where the Police Command has invited Chinedu Agu, Esq., former Secretary of the NBA Owerri Branch, to appear before its X-Squad Unit on Wednesday, 17 September 2025, on allegations of “criminal defamation” and “conduct likely to cause a breach of the peace.”
While the NBA fully recognises the constitutional and statutory powers of the Police to investigate criminal complaints, we strongly condemn any attempt to turn this mandate into a tool for intimidation or the silencing of citizens, particularly legal practitioners, who have exercised their constitutionally guaranteed rights or spoken truth to power.
It must be emphasised that criticism of government policies, institutions, or officials is not available crime. The persistent reliance on criminal defamation and similar offences as a pretext for harassment is a dangerous relic of authoritarianism and has no place in a democracy founded on the rule of law.
The NBA reiterates that freedom of expression, guaranteed under Section 39 of the 1999 Constitution (as amended), is the bedrock of accountability and civic engagement. Any action that seeks to muzzle this right is not only unconstitutional but also deeply inimical to democratic governance.
Accordingly, the NBA states as follows:
1. The NBA stands firmly with Chinedu Agu, Esq., and has directed a team of senior members of the Bar to monitor the process and ensure his fundamental rights are fully protected as he honours the invitation.
2. We call on the Commissioner of Police, Imo State Command, to resist any attempt to use the Police as an instrument of oppression or political persecution.
3. We remind the Imo State Government and all state actors that democracy thrives on open debate, dissenting opinions, and constructive criticism. The deployment of coercive state machinery to suppress such engagement is unacceptable.
The NBA remains unwavering in its commitment to defending the rule of law, the independence of the legal profession, and the civic space. We will not hesitate to take every lawful step, nationally and internationally, to resist any attempt to criminalise free speech or intimidate our members.
Mazi Afam Osigwe, SAN
President, Nigerian Bar Association
