A Senior Advocate of Nigeria (SAN), Mr Ikeazor Akaraiwe, has provided a detailed account of the judicial process that led to the release of Comrade Emmanuel Acha, who had been incarcerated for over 200 days on charges that the prosecution failed to prove.
Speaking after the conclusion of the case, Akaraiwe said Acha was unlawfully detained for exercising his civic rights and described the prosecution as “malicious, incompetent and oppressive.”
“I would want to, first of all, thank the Action Group on Free Civic Space, Spaces for Change, and Mrs Victoria Ibezi-Moheri, for reposing confidence in us to handle this matter,” Akaraiwe said. “There are many lawyers in Nigeria, many in the South-East, but you thought us fit to handle the matter, and I’m glad we did not disappoint.”
He also commended the trial judge, Honourable Justice Ota of the Ebonyi State High Court, for what he described as judicial courage and professionalism.
“Most importantly, there’s somebody I must commend, Honourable Justice Ota, the judge who handled the case,” he said. “She is on the payroll of the Ebonyi State judiciary, yet she was bold, confident, and committed to doing justice irrespective of whose ox is gored.”
Akaraiwe noted that Justice Ota brought extensive international experience to the bench, having previously served in the justice sectors of The Gambia and Eswatini (formerly Swaziland).
“This matter could easily have lasted for years, but the approach of that judge ensured it was concluded within months,” he added. “She brooks no nonsense from lawyers or litigants and moves at the speed of light.”
Acha was charged with promoting local war under Section 42 of the Ebonyi State Criminal Code and unlawful possession of firearms under Section 3 of the Firearms Act, offences that carry severe penalties, including life imprisonment.
According to Akaraiwe, the prosecution failed to establish any of the essential elements of the 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. Amazingly, none of these was proved.”
He said 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 was the overt act, and he said Emmanuel was asking people to contribute money to go to court,” Akaraiwe said. “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 alleged 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, 273 days by his count, as a “weaponisation of the criminal justice system.”
“A citizen of Nigeria was incarcerated in the worst possible conditions for no reason whatsoever, except that he had the temerity to speak truth to power,” Akaraiwe said.
The SAN warned that such actions threaten democracy and civic engagement.
“If people are jailed for mobilising others to go to court, next time they won’t go to court—they will do worse,” he said. “This is dangerous for society.”
Calling for accountability, Akaraiwe urged civil society and the electorate not to let the matter fade away.
“When elections come next year, this must be one of the issues,” he said. “The governor and the attorney-general of that state must explain why this happened to a citizen.”
He concluded by stressing that public officials are accountable to the people.
“They are our servants; we are their masters,” Akaraiwe said. “They cannot incarcerate a citizen simply because they don’t like what he is saying.”
