90 days in limbo: Emmanuel Acha’s detention raises concerns over judicial independence

Chinedum Ihedigbo

Human rights defender Emmanuel Acha has spent over 90 days in detention for suing the Ebonyi State Government, sparking concerns about the erosion of judicial independence and the intimidation of citizens who seek legal recourse.

Acha’s prolonged detention has raised questions about the government’s commitment to upholding the rule of law and protecting human rights.

Acha is currently languishing in the Abakiliki prison, a fallout of a disputed land claim between the Effium and Ezza tribes of Ebonyi State.

Acha, a human rights defender from the Effium tribe, had dragged the government of Ebonyi State to court in suit number FHC/AI/CS/FHR/221/24 that seeks to protect his people from losing their ancestral land to the Ezza.

The Effium and Ezza had historically disputed ownership of land in the Ohaukwu local government area of the state.

Speaking at a media briefing in Lagos, organised by Civil society groups under the Action Group on Free Civic Space, have raised alarm over what they describe as a disturbing clampdown on human rights and civic participation in Ebonyi State.

The groups condemned the continued detention and prosecution of Comrade Emmanuel Acha, a human rights defender and Chair of the Enugu State Civil Society Network.

According to the Convener of the meeting, Com. Okechukwu Nwanyima, Acha, was arrested in April 2025 and transferred to Abakaliki, allegedly in retaliation for a lawsuit he filed challenging the government’s handling of the Effium-Ezza land conflict in Ebonyi State.

“Acha is facing politically motivated charges, including arms possession and murder, despite no credible evidence or court warrant. They also allege he was assaulted in custody, denied medical care, and is being tried before a judge from a rival community in the conflict, raising concerns about judicial bias,” be lamented.

The groups are calling on Governor Francis Nwifuru to order Acha’s immediate release, ensure accountability for police abuse, and uphold the constitutional rights of Nigerians to seek legal redress without fear.

The civil society coalition has also petitioned the National Human Rights Commission and is urging international observers to monitor the situation.

They described Acha’s case as a test of Nigeria’s democracy and a warning sign for the shrinking civic space in the country.

The state government tried to resolve the conflict through a Bishop Nnachi Okoro committee in 2024.

The same government, however, jettisoned the report of the committee and commissioned another report, upon which it relied to demarcate the disputed land. Acha protested the government’s action by heading straight to court.

On April 16, while at his base in Enugu where he serves as chairperson of the Enugu State Civil Society Network, Acha was arrested like abduction, physically brutalised and then presented before a judge over allegations of arms possession, which makes bail difficult. He has since remained in prison for over 90 days.

Acha’s arrest follows his refusal to withdraw the court action he filed against the state government. Those behind it were angry because he resisted pressure to stand down his court case.

On July 8, a coalition of civil society organisations under the banner of Action Group on Free Civic Space (AGFC) petitioned the governor of Ebonyi State, Francis Nwifuru, on the plight of Acha, expressing deep concern over the manner of his arrest, prolonged detention, and prosecution which bore all the trademarks of malicious prosecution, especially as the claim of gun possession was not substantiated in the charge.

The petition, signed by Spaces for Change, Rule of Law Accountability and Advocacy Centre, Restorative Justice for Africa and seven others, urged the governor to protect the rights of Acha from some of the state officials who wanted to ‘teach him a lesson’ for daring to challenge the Ebonyi State Government in court.

The petition reads in part, “We acknowledge the government’s interventions in the lingering Effium-Ezza conflict, including the 2023 ceasefire agreement, the Bishop Michael N. Okoro Peace Committee (2024), the 2025 amnesty and deradicalisation efforts, and

The enactment of an Executive Bill on the disputed land. While commending these efforts, we firmly reject all forms of violence and criminality associated with the conflict.

“However, we are deeply troubled by the arrest of Comrade Acha for merely exercising his constitutional rights by filing a civil suit (Suit No: FHC/AI/CS/FHR/221/24) to protect the rights of the Effium people. He has been detained since April 2025 and is now facing criminal trial in (Charge No: HKW/27C/2025), with trial scheduled to begin on July 10, 2025.

“Despite multiple efforts, he has been denied bail. In a democracy, citizens have the right to criticize government actions lawfully. Sections 39(1) and 6(6)(b) of the 1999 Constitution (as amended) guarantee freedom of expression and access to the courts for the protection of civil rights. We believe Comrade Acha’s continued incarceration is a clear violation of his Constitutional rights to liberty, fair hearing, and free expression.”

The groups, while condemning the criminalization of dissent in Ebonyi State, urged the governor to order the immediate release of Comrade Acha and others detained for exercising their rights regarding the Effium-Ezza dispute.

They also demanded that he hold public officials involved in the abuse of power against Acha responsible.

The statement urged the governor to invite independent mediators, civil society groups, and international human rights observers to monitor the peace process and the implementation of the state’s white paper on the conflict.

On July 16, AGFCS held a press briefing to further highlight the travails of Acha, warning that his treatment reflects a dangerous regression in Nigeria’s democratic values and the lengths state and non-state actors go to silence lawful dissent.

“It is a chilling message to all human rights defenders and civil society leaders across the country,” warned Okechukwu Nwanguma, who read the texts of the statement on behalf of the AGFCS.

The statement recalled that upon Acha’s arrest, he was subjected to physical assault and psychological torment, allegedly at the hands of police officers, one of whom is of Ezza ethnic extraction, even when no incriminating evidence was found on his person or in his home.

“This is a clear case of political persecution disguised as criminal prosecution,” the statement said.

It added: “In a democratic society, citizens must be free to question government policies, challenge injustice, and seek redress through the courts. Section 39(1) of the 1999 Constitution of Nigeria affirms the right to freedom of expression and opinion. Section 6(6)(b) further guarantees the judicial powers of the courts in protecting civil rights and obligations. These constitutional guarantees are now under threat in Ebonyi State.”

The groups made the following demands on Governor Nwifuru, which include; order the immediate and unconditional release of Comrade Acha, hold to account all public officials and police personnel who have abused their powers and violated the rights of Acha, withdraw the politically motivated charges and ensure that he receives immediate medical attention, granted access to legal counsel and family, and protected from further abuse in custody.