Justice Chituru Wigwe-Oreh denies Chinedu Agu bail despite application not being contested

In an X post, author and law teacher, Professor Chidi Odinkalu, revealed that Justice Chituru Wigwe-Oreh denied him bail, although the bail application was not contested.

The post reads: “#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.”

Weeks ago, Senior Advocate of Nigeria and rights advocate, Femi Falana, wrote that the continuous detention of Chinedu Agu is illegal. Below are his argument.

On Friday, September 26, 2025, a magistrate ordered that Mr. Chinedu Agu be remanded in Owerri Correctional Centre pending the investigation of the criminal offences including the Facebook posts that are said to be critical of Governor Hope Uzodimma of Imo State. The Magistrate rejected the bail application of the lawyer and ordered that he be remanded in prison custody.

A few minutes later, the federal high court rightly admitted Mr. Agu to bail.
The implication of the order of the Federal High Court is that the remand order of the Magistrate Court has been set aside or quashed. To that extent, the further detention of the lawyer by the Correctional Centre is illegal and unconstitutional.

It is usually painful for me to recall that court orders were more respected under military rule than under the current democratic dispensation!

In Ogunyade v Inspector-General of Police & Ors in Nigeria Law of Habeas Corpus NLP Ltd 1986 p. 387, the 2nd Respondent (Lagos State Police Commissioner) claimed that he was not the person detaining the applicant even though he was in police custody at the Oshodi Police Station in the Lagos State Police Command.

The learned trial judge rejected the spurious contention of the 2nd respondent and proceeded to order that the applicant “be discharged and released forthwith by the respondents or by whom is still holding him.”

Similarly, in Okudoh v Inspector-General of Police reported in Nigerian Law of Habeas Corpus NLP Ltd p 385, Oguntade J. (as he then was) ordered the release of the Applicant. For the avoidance of doubt, his Lordship stated that “the Chief of Staff Supreme Headquarters falls within the group described as all authorities and persons in section 251(3) of the 1979 Constitution.” The Chief of Staff was not a party in the case!

In view of the foregoing, it is submitted that by virtue of section 287(3) of the 1999 Constitution, the order of the Federal High Court is binding on all authorities and persons in Nigeria, including the authorities of the the Correctional Centre at Owerri, Imo State. Therefore, the continuous detention of Mr. Agu is totally illegal.

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