By Juliana Francis
The man standing before a sizeable gathering on Friday, January 16, was a stark contrast to the one who had vanished into the bowels of Nigeria’s custodial system more than 200 days earlier.
Comrade Emmanuel Acha was beaming with a smile after a hard-won victory against a system that had sought to break him.
Yet beneath the joy of his acquittal from what supporters described as fraudulent charges lay a harrowing story of survival and a powerful testament to the strength of collective civil society action.
The court matter was dismissed on a no-case submission, as the prosecution failed to provide sufficient evidence to substantiate its claims against Acha.
Acha, Chairperson of the Enugu State Civil Society Network, was arrested in early 2025 after deciding to legally challenge the Ebonyi State Government over its handling of the protracted Effium–Ezza land dispute in Ohaukwu Local Government Area of Ebonyi State.
Court records show that in December 2024, Acha instituted legal action against the Ebonyi State Government under Federal High Court Suit No: FHC/AI/CS/FHR/221/24, questioning the state’s approach to the communal crisis.
However, he was arrested in Enugu State under circumstances his supporters described as sudden and akin to an abduction.
The Ebonyi State Government later charged him with illegal possession of arms and other serious offences, linking him to communal violence.
Civil society organisations consistently maintained that the charges were politically motivated and intended to punish him for challenging government actions through lawful means.
For 273 days, Acha became an “unwilling guest” of the Nigerian Correctional Service. Reflecting on his incarceration, he painted a grim picture of systemic neglect.
“In the custodial centre, I experienced severe psychological distress, exacerbated by an unhealthy environment, unhygienic food, and inadequate medical care,” Acha recounted. “The living conditions were deplorable, marked by severe overcrowding and poor sanitation. During my detention, I witnessed numerous preventable deaths among inmates.”
Acha, alleged grave human rights violations and political persecution by security agencies acting on the orders of the Ebonyi State Government.
He shared his experiences at a press briefing organised by the Action Group on Free Civic Space (AGFCS) at the office of Spaces for Change (S4C) in Ikeja, Lagos.
According to him, his ordeal illustrates the dangers faced by human rights defenders in Nigeria.
Acha said his ordeal began in the early hours of March 19, 2025, when he was allegedly abducted from his residence in Enugu by heavily armed, unidentified security operatives.
“At about 5:30 a.m., I was unlawfully abducted from my home without any arrest warrant,” he said. “I was handcuffed and treated like a common criminal.”
He stated that he was first taken to the Abakpa Area Command of the Nigeria Police in Enugu before being transferred to another team of operatives who allegedly told him he was being taken to Abakaliki “on the order of the state governor.”
He was later held incommunicado at the Ebonyi State Criminal Investigation Department (CID), where he was denied access to his family and legal counsel and allegedly subjected to physical and psychological torture.
On March 21, 2025, Acha was arraigned before a Magistrate Court in Abakaliki without legal representation and remanded at the Abakaliki Custodial Centre.
“I spent 271 days in prison under inhumane conditions that violated every known human rights standard,” he said.
He alleged severe overcrowding, poor sanitation, inadequate medical care, and routine abuse of inmates by warders and fellow detainees.
“I witnessed many preventable deaths while in custody. Many inmates had been awaiting trial for nine to fifteen years,” he added.
Acha was charged with offences including promotion of inter-communal war, unlawful possession of firearms, and sponsoring killings allegations he described as “baseless and politically motivated.”
During the nine-month trial, he said the prosecution failed to present credible evidence.
“The Investigative Police Officer admitted under oath that no arms were recovered from me,” he said, adding that key prosecution witnesses failed to appear in court.
On December 16, 2025, the court discharged and acquitted him following a no-case submission by his counsel, Senior Advocate of Nigeria (SAN), Mr Ikeazor Akaraiwe.
Acha said his detention had severe psychological, economic, and social consequences for him and his family.
“My incarceration resulted in anxiety, depression, and a deep sense of helplessness,” he said. “I lost my livelihood, my office engagements, and even my family accommodation. My wife and children endured stigma and hardship.”
He expressed gratitude to civil society organisations, including AGFCS, Spaces for Change, and the Fund for Global Human Rights, for their legal, media, and advocacy support, as well as to individuals who mobilised for his release.
Reacting to Acha’s release, the representative of the Fund for Global Human Rights (FGHR), Mr James Savage, said: “We have to applaud Emmanuel’s resilience. He came out with a renewed sense of his own power. We must also applaud AGFCS for the steps taken to secure his freedom, for their solidarity, and for driving long-term change.”
Savage said he was pleased that FGHR’s contribution helped Acha regain his freedom, adding that the organisation carries out similar interventions in other countries. He described Acha’s case as a clear example of unequal power.
Akaraiwe said Acha was unlawfully detained for exercising his civic rights and described the prosecution as “malicious, incompetent, and oppressive.”
He commended the trial judge, Honourable Justice Ota of the Ebonyi State High Court, for what he described as judicial courage and professionalism.
“This matter could easily have dragged on for years, but the approach of the judge ensured it was concluded within months,” he said. “She brooks no nonsense from lawyers or litigants and moves at the speed of light.”
According to Akaraiwe, the prosecution failed to establish any of the essential elements of the alleged offences.
“The Supreme Court has clearly laid down four elements for the offence of promoting local war,” he explained. “There must be an overt act, lack of lawful authority, intent to cause violence, and a likelihood of conflict. Astonishingly, none of these was proved.”
He said that under cross-examination, the police prosecutor claimed Acha’s alleged offence was encouraging community members to contribute money to pursue legal action against the government.
“I asked him what exactly the overt act was, and he said Emmanuel was asking people to contribute money to go to court,” Akaraiwe recalled. “If we criminalise going to court, then what option is left for the common man?”
Akaraiwe described the prosecution’s conduct as deeply troubling, alleging that investigators failed to produce any documentary or electronic evidence, including the Facebook posts cited in court.
“He even told the court to go to Facebook and find the posts themselves,” he said. “That is basic ignorance of the law. Courts do not go on fishing expeditions.”
On the firearms charge, Akaraiwe said no weapon was ever produced in court.
“If a man is accused of unlawful possession of firearms, where are the firearms?” he asked. “Where is the ballistic report? There was absolutely nothing.”
He described Acha’s prolonged detention for 273 days by his count as a “weaponisation of the criminal justice system.”
“If people are jailed for mobilising others to go to court, next time they won’t go to court, they will do worse,” he warned. “This is dangerous for society.”
The Executive Director of Spaces for Change (S4C), Ms Victoria Ibezim Ohaeri, who is also a leading member of the Action Group on Free Civic Space (AGFCS), said the judicial victory underscored the power of collective action in confronting civic space violations.
“Communal efforts yield a multiplier effect,” Ohaeri said, invoking an Igbo adage to illustrate the impact of collaboration. “This victory is a clear reflection of the partnership between the media and civil society.”
She noted that sustained media engagement through interviews, press briefings, and publications played a critical role in amplifying advocacy efforts that eventually culminated in Acha’s release.
Ohaeri also acknowledged the support of the Fund for Global Human Rights (FGHR), describing it as “critical in bringing our shared objectives to fruition.”
Despite the legal victory, she warned that restrictions on civil and political rights remain widespread across the country.
“Barely into the new year, between January 10 and 14, the Edo State High Court remanded 52 students and residents of the Ekpoma community who were arbitrarily arrested, some dragged from their rooms late at night for protesting rising insecurity,” she said.
She further cited the case of a social media commentator, Abubakar Salim Musa, who was reportedly remanded at the Keffi Correctional Centre over criticisms of President Bola Tinubu’s administration.
“These incidents depict an increasingly vigilant and repressive posture by state actors, who appear to respond instantly to any exercise of civic freedom,” Ohaeri said.
Ohaeri reaffirmed the commitment of Spaces for Change (S4C) to supporting coalition members through “tech-facilitated monitoring systems, policy engagement, community action, and resource mobilisation.”
“Our vision is to ensure that human rights are embedded in decision-making processes affecting civil and political rights in Nigeria,” she added.
Also speaking, Comrade Nelson Nnanna Nwafor, Executive Director of the Foundation for Environmental Rights, Advocacy and Development (FENRAD) Nigeria, described Acha’s ordeal as a disturbing abuse of state authority against civic actors.
“This case was never about justice or public safety. It was about silencing a critical voice,” Nwafor said.
He recalled that throughout Acha’s detention, he was repeatedly denied bail, prompting rights groups to raise alarms over alleged physical and psychological abuse, restricted access to legal counsel, and concerns about judicial impartiality, particularly due to the involvement of a judge from a community affected by the disputed conflict.
Nwafor said that in July 2025, AGFCS formally petitioned Ebonyi State Governor, Francis Nwifuru, condemning Acha’s arrest as unconstitutional and demanding his immediate and unconditional release.
He added that AGFCS intensified pressure through sustained media engagement and outreach to international human rights bodies, warning that Acha’s detention symbolised a broader assault on civic freedoms and democratic values in Nigeria.
In December 2025, the High Court delivered its judgment, discharging and acquitting Emmanuel Acha of all charges. The court held that the prosecution failed to establish a credible case, describing the trial as a misuse of state power.
Nwafor also highlighted the importance of grassroots organising, noting that sustained petitions, media engagement, and coordinated legal support were instrumental in securing Acha’s freedom.
“The lesson from this case is clear,” he said. “When civil society stands together, abuses of power can be challenged and defeated.”
The Executive Director of the Rule of Law and Accountability Advocacy Centre (RULAAC), Mr Okechukwu Nwanguma, said the organisation stood in solidarity with Spaces for Change and AGFCS to mark what he described as the end of an “unjust imprisonment.”
According to RULAAC, Acha’s arrest and prosecution followed a familiar pattern of the criminalisation of dissent.
“He dared to challenge the actions of a state government through lawful means, and in response, the full coercive power of the state was deployed against him,” Nwanguma said.
RULAAC described the case as emblematic of a broader crisis involving the misuse of the criminal justice system, including the deployment of Strategic Litigation Against Public Participation (SLAPPs) to intimidate critics and silence dissenting voices.
“What we witnessed in court was revealing,” Nwanguma added. “Despite the severity of the allegations, arms possession, murder, and instigation of violence, the prosecution could not produce firearms, could not identify victims, and could not establish any credible link between Comrade Acha and the alleged crimes.”
Applauding the judgment, Nwanguma stressed that Acha’s prolonged detention had already caused deep and lasting harm.
“Justice delayed may still be justice delivered, but it leaves scars on individuals, on families, and on democratic space,” he said.
He also underscored the role of collective action in securing the outcome, crediting Spaces for Change, AGFCS members, committed lawyers, and supportive funders, including the Fund for Global Human Rights.
“Without this solidarity, coordinated advocacy, strategic litigation, and sustained media engagement, the outcome might have been very different,” Nwanguma said.
