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Full Record Of Proceedings — “No Remand Here”: Magistrate Njemanze Orders Chinedu Agu Held Pending Transfer To DPP As FHC Holds Jurisdiction

by Vincent Uju
September 25, 2025
in News
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Full Record Of Proceedings — “No Remand Here”: Magistrate Njemanze Orders Chinedu Agu Held Pending Transfer To DPP As FHC Holds Jurisdiction
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Owerri Magistrate’s Court in Imo State on Thursday, September 25, 2025, ordered the remand of former Secretary of the Nigerian Bar Association (NBA), Owerri Branch, Chinedu Agu, in connection with a Cybercrime (Prohibition, Prevention etc.) Amendment Act, 2024 case. Chief Magistrate Obinna Njemanze, who also serves as the Deputy Chief Registrar of the High Court of Imo State, presided over the proceedings.

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Agu, who faces four counts related to alleged criminal defamation, incitement, and conduct likely to cause a breach of peace, was arraigned before the court by a police prosecution team led by F.O. Itua, Officer-in-Charge of the Legal/Prosecution Unit at Owerri Police Headquarters. Other members of the prosecution team included Peter Abel, Obodo Samson, Francis Odu, M.O. Onwuegbule, Bright Andrew, Kingsley Ngere, Joy Chris, B.C. Iwu, and P.U. Nze, all Esquires.

Representing Agu was a formidable legal team led by M.O. Nlemadim Esq., including D.O. Nosike, Vivian Onyenwere, O.O. Okonkwo, J.S.C. Ofuebi, U.D. Ihegbu, and I.K. Ujeh.

During the proceedings, the prosecution applied to withdraw Count IV of the charge, which the court granted without objection from the defense. The remaining charges were read to Agu, who confirmed his understanding.

The prosecution subsequently sought Agu’s remand under Section 223(2)(a) of the Administration of Criminal Justice Law, Imo State Law No. 2, 2020, citing a lack of jurisdiction by the Magistrate’s Court and requesting that the case file be transferred to the office of the Director of Public Prosecutions (DPP), Imo State, for legal advice.

Defense counsel argued against the remand, citing the court’s lack of jurisdiction over offences under the Cybercrime Act and asserting that Agu was already on administrative bail granted by the police on September 17, 2025. The defense urged the court to grant bail, preferably on self-recognizance, describing the remand application as an abuse of process.

In her ruling, Chief Magistrate Njemanze agreed that jurisdiction rests with the Federal High Court under Section 50 of the Cybercrime Act and deferred the matter of bail to the Federal High Court. She ordered Agu remanded at the Owerri Correctional Services Centre pending transfer of the case file to the DPP for legal advice. The matter was adjourned to October 29, 2025, for report and compliance.

According to court documents, Agu faces four counts under the Cybercrime Act, including posting messages on August 30 and 31, 2025, which allegedly claimed that “the courts are closed and justice has been kidnapped not by bandits in the bush, but by bandits in government” and “this is not government, this is tyranny trapped in sinking bureaucracy.” He also allegedly posted messages comparing Imo State unfavorably to Enugu and describing the Tiger Base Unit of the Nigeria Police Force as “specialists in unchecked, barbaric, brutish, savagery and callous human rights abuse,” all intended to incite public unrest and anger against the state government and police.

The police maintain that the charges stem from Agu’s alleged misuse of social media to spread false information and disrupt public order in Imo State. The arraignment is ongoing, with Agu yet to enter a plea.

Tags: special reports

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