Owerri branch of the Nigerian Bar Association has condemned what it described as an attempt to use the police to intimidate citizens for their dissenting views.
This came after the police invited an Owerri-based lawyer, Barr Chinedu Agu, a one-time secretary of the association after the information commissioner, Hon Declan Emelumba, wrote a petition against him alleging criminal defamation and conduct likely to cause a breach of the peace.”
Agu had engaged Emelumba in a war of words after the lawyer’s open letter calling for the appointment of a chief judge and improvement of the judicial system in Imo State.
Secretary of NBA, Owerri branch, Daniel Odiba, made the disclosure in a statement made available to LEADERSHIP Sunday.
They expressed deep concern over the invitation of Agu to the X-Squad unit of the Imo State Police command on allegations of “criminal defamation” and “conduct likely to cause a breach of the peace.”
The NBA Owerri branch said they recognised the statutory powers of the Police to investigate complaints, but “strongly condemn any attempt, direct or indirect, to use the Police as an instrument to gag, harass or intimidate citizens who are merely exercising their constitutionally guaranteed right to freedom of expression under Section 39 of the 1999 Constitution (as amended).
According to them, criticism of government, its agencies or actors is not a crime, saying the deployment of state apparatus to stifle dissenting voices is inimical to democracy and the rule of law.
The lawyers warned that they would not hesitate to take all lawful steps to protect the rights of their members and the larger civic space.
They further stated that the branch stands “firmly for the rule of law and the chairman, Chief Chris Ihentuge has directed a team from the branch to monitor the process and ensure that his fundamental rights are fully respected as he honours the Police invitation.”
The lawyers called on the Imo State Government and the Commissioner of Police to ensure that the Police is not used as a tool to suppress free speech or civic engagement.
Meanwhile, on their part, the Rule of Law and Accountability Advocacy Centre (RULAAC), has called on Governor Hope Uzodimma to desist from persecution of the Owerri-based lawyer, Barr Chinedu Agu, for demanding accountability from the state government.
RULAAC made the call in a statement by its executive director, Okechukwu Nwanguma, urging the Imo State Police command to immediately discontinue the invitation and any criminal proceedings against Barr. Chinedu Agu, as they constitute an abuse of process and a violation of his constitutional rights.
He argued that Agu’s only offense was his “consistent, lawful, and constructive criticism of governance in Imo State – particularly on issues of constitutional compliance and the administration of justice”, saying “his advocacy, expressed through articles and public commentary, falls squarely within the right to freedom of expression guaranteed under section 39 of the 1999 constitution (as amended) and article 9 of the African Charter on Human and Peoples’ Rights.”
