It was a mixture of disbelief, anger and public outrage on Thursday following a controversial ruling by Justice Chituru Wigwe-Oreh of the Federal High Court in Owerri, Imo State, who denied bail to detained lawyer and former Secretary of the Nigerian Bar Association (NBA), Owerri Branch, Mr. Chinedu Agu — despite the fact that the bail application was not opposed by the prosecution.
Mr. Agu, a known human rights advocate, has been in custody since September 23, 2025, over allegations of cyberstalking and defamation related to social media posts concerning Imo State Governor, Hope Uzodinma.
In a move expected to secure his release, Agu’s legal team filed a formal, uncontested bail application. But in a stunning twist on Thursday morning, Justice Wigwe-Oreh rejected the request, stating that “there is no charge before the court.”
This decision has sparked widespread condemnation across Nigeria’s legal and civil rights communities. Many are calling it a blatant abuse of judicial power and a troubling precedent for due process.
“How Can You Deny Bail Without a Charge?” — Legal Community Reacts
Reacting to the ruling, one of Mr. Agu’s lawyers expressed disbelief:
“It’s shocking. The judge herself acknowledged that no formal charge has been filed, yet she refused to grant bail. This man has been held unlawfully for over three weeks.”
Social media quickly lit up with criticism, with lawyers and rights activists questioning the legal reasoning behind the decision and the judge’s understanding of constitutional rights.
Professor Chidi Odinkalu, legal scholar and former Chairman of Nigeria’s National Human Rights Commission, posted on X (formerly Twitter):
“#Breaking: Chituru Wigwe-Oreh, a judge of @FederalHigh sitting in Owerri, Imo State, this morning denied the uncontested application for bail for @ChineduAgu87 – detained since 23 Sept 2025 – claiming that there is no charge before her. I’m still wondering how she became a lawyer.”
Another legal analyst, @itumomartins, emphasized that:
“The absence of a charge should not prevent the court from considering bail. The application is grounded in the fact of detention, whether under a formal charge, a holding charge, or none at all.”
Echoing the frustration, commentator Harry Odinza asked:
“On what grounds do you deny an application that no one opposed? Or is the judge now contesting it herself? The malignant cancer in the judiciary is becoming unbearable, even in a society as docile as ours where there are no consequences!”
A Threat to Judicial Integrity and Human Rights
Legal observers say this case underscores deeper systemic issues in Nigeria’s justice system — particularly regarding judicial independence, unlawful detention, and the erosion of civil liberties.
Mr. Agu’s continued incarceration without formal charges, coupled with the denial of bail, has reignited debate about the integrity of the judiciary and the government’s handling of dissent.
As the legal community awaits the next steps, the case is already being cited as a troubling example of how procedural law can be bent — or ignored — to suppress opposition and restrict freedoms.
For many, this is no longer just a legal matter — it’s a test of Nigeria’s commitment to justice, rule of law, and the protection of fundamental human rights.
