Civic Space under threat: Emmanuel Acha narrates abduction, torture, nine-month trial

From arrest to acquittal: Comrade Acha shares his first-hand experience and lessons for civic space.

Stanley Ihedigbo

Human rights activist and civil society leader, Comrade Emmanuel Acha, has narrated his ordeal of abduction, illegal detention, and prolonged incarceration, describing it as a grim reflection of the dangers faced by human rights defenders in Nigeria.

Acha spoke on Friday at a press briefing in Lagos organised by the Action Group on Free Civic Space (AGFCS), where he recounted how he was unlawfully arrested, detained for 273 days, and eventually discharged and acquitted of all charges by a competent court.

Addressing journalists, civil society actors, and human rights advocates, Acha said his experience was not merely personal but symbolic of the broader assault on civic space and democratic freedoms in the country.

“My story is about the persistent intimidation, harassment, and abuse faced by human rights defenders who dare to speak truth to power,” he said.

Acha expressed deep appreciation to AGFCS, Spaces for Change (S4C) Lagos, and the Fund for Global Human Rights (FGHR) for their legal, media, and financial support throughout his ordeal.

He also thanked his family, colleagues, and civil society organisations that stood by him during his incarceration.
According to him, their solidarity served as a source of strength and hope during what he described as the darkest period of his life.

Recounting the events of March 19, 2025, Acha said he was abducted at about 5:30 a.m. from his residence in Enugu by heavily armed, unidentified security operatives.

“There was no arrest warrant, no explanation. I was treated like a common criminal,” he said.

He was first taken to the Abakpa Area Command of the Nigeria Police Force in Enugu State before being handed over to another team of security operatives and forcefully transported to Abakaliki, Ebonyi State.

Acha said one of the officers informed him that the arrest was carried out on the orders of the state governor.

He was handcuffed and moved between locations before being taken to the State Criminal Investigation Department (CID) in Abakaliki, where he was held incommunicado.

During his first two days at the State CID, Acha said he was denied access to his lawyers and family members.

He described the detention environment as hostile, revealing that he was physically tortured and subjected to psychological trauma.

On March 21, 2025, he was arraigned before a Magistrate Court in Abakaliki without legal representation.

According to him, trumped-up charges were read against him, and he was remanded at the Abakaliki Custodial Centre of the Nigerian Correctional Service.

Acha said he spent 271 days in the custodial centre under conditions that violated fundamental human rights.

He described overcrowding, poor sanitation, unhygienic food, inadequate medical care, torture by inmates and warders, and forced labour as part of daily life in the facility.

“I witnessed many preventable deaths during my stay. The custodial centre is a mirror of Nigeria’s wider human rights crisis,” he said.

He added that many inmates were held for years without trial, with some cases lasting between nine and fifteen years, highlighting systemic failures within the justice system.

Acha revealed that he was charged with promoting inter-communal war, aiding communal violence between the Ezza and Effium communities, unlawful possession of firearms, and sponsoring killings.

He maintained that the charges were baseless and politically motivated.

During trial, which lasted nine months, the prosecution failed to present credible evidence. The Investigative Police Officer admitted under oath that no arms were recovered from him, while key prosecution witnesses failed to appear in court despite repeated invitations.

The court, he said, rejected hearsay evidence presented by the prosecution.

On December 16, 2025, the court upheld a no-case submission filed by Akaraiwe Ikeazor, SAN, and discharged and acquitted Acha of all charges.

While describing the judgment as a victory for justice and the rule of law, Acha said it did not erase the trauma, losses, and long-term impact of his detention.

He disclosed that he suffered severe psychological trauma, including anxiety and depression, and lost income, professional opportunities, and accommodation. His family endured emotional distress, financial hardship, and social stigma.

Despite the acquittal, Acha said he has received no compensation or redress from the state.

Acha warned that arbitrary detention and abuse of state power pose a serious threat to Nigeria’s democracy and civic space.

He called for stronger legal protections for human rights defenders, accountability for security agencies, and compensation for victims of wrongful detention.

He also appealed for continued support for the Effium Rescue Mission Group, a community-based organisation advocating for justice through human rights-based approaches.

Despite the ordeal, Acha reaffirmed his commitment to defending civic space, justice, and human rights in Nigeria.

“True justice goes beyond court rulings. It requires guaranteeing the safety and dignity of those who stand up for civic rights,” he said.

He commended the civil society organisations, media partners, and international allies, singling out several individuals and groups whose advocacy and intervention helped secure his freedom.

“Together, we will continue to build a Nigeria where the rights of every citizen are respected, protected, and fulfilled,” Acha said.

While a senior human rights lawyer, Mr. Ikeazor Akaraiwe, condemned what he described as the “weaponisation of criminal law” following the acquittal of human rights defender and civil society leader, Comrade Emmanuel Acha, after spending 273 days in detention over charges the prosecution failed to prove.

The lawyer, who represented Acha, expressed gratitude to Spaces for Change and its Executive Director, Victoria Ibezim-Ohaeri for the confidence reposed in the legal team.

“There are many lawyers in Nigeria, many in the South-East, but you thought us fit to handle this matter, and I am glad we did not disappoint,” he said.

The lawyer reserved special commendation for the presiding judge, describing her as bold, knowledgeable, and uncompromising in the pursuit of justice.

According to him, although the case could easily have dragged on for years, the Justice ensured an expeditious trial, insisting on discipline and professionalism from both lawyers and litigants.

“She suffers no nonsense. She moves cases at the speed of light. In my 40 years at the Bar, I have rarely encountered such judicial courage and efficiency,” he said.

He noted that the Justice had served in the judiciary in The Gambia and Eswatini (formerly Swaziland) before returning to serve in her home state.

“Emmanuel Acha was charged with promoting communal war, contrary to Section 42 of the Criminal Code Law of Ebonyi State, and unlawful possession of firearms, contrary to Section 3 of the Firearms Act,” he noted.

The defence counsel explained that the charge of promoting local war carries grave consequences, potentially leading to life imprisonment.

However, he stressed that the prosecution “abysmally failed” to establish any of the essential elements of the offence.

Citing the Supreme Court decision in Guzman Kaza v. The State (2008), he outlined the four elements required to prove the offence: An overt act encouraging or advising the carrying on of war, absence of lawful authority
Intent to cause violence or communal unrest. Likelihood that the act would result in conflict.
“Not one of these elements was proved,” he said.

During cross-examination, the investigating police officer allegedly claimed that Acha’s “crime” was asking people to contribute ₦5,000 each to fund legal action against the government.

“I asked him: Is going to court war? Is mobilising citizens to seek legal redress the same as instigating violence?” the lawyer recounted.

He described the prosecution’s position as dangerous and anti-democratic, warning that criminalising access to courts would only push aggrieved citizens toward violence rather than peaceful dispute resolution.

“If going to court becomes a crime, then people will do exactly what you accuse them of — resort to violence,” he said.

On the issue of intent to cause violence, the defence said there was no evidence linking Acha to any armed group, communal fighters, or acts of violence.

“Where are the people he instigated? Where are the weapons? Where is the ballistic report?” the lawyer asked.

He added that the police failed to produce any Facebook posts or other digital evidence allegedly used to justify the charges, despite claiming such materials existed.

The charge of unlawful possession of firearms also collapsed completely, according to the defence.

The lawyer explained that to prove such an offence, the prosecution must show:
Actual or constructive possession of a firearm.

“There was no firearm, no exhibit, no ballistic report — nothing,” he said.

He described the prosecution as malicious and incompetent, noting that in four decades of legal practice, he had never witnessed such a poorly handled case.

Beyond the legal issues, the lawyer emphasised the human cost of Acha’s prolonged detention, highlighting the suffering endured by his family and the broader civil society community.

Invoking the Ubuntu philosophy, he said:
“When one person suffers, we all suffer. Emmanuel’s incarceration was an incarceration of all of us.”

He criticised allegations that Acha discouraged community members from attending government meetings, noting that no witness or documentary evidence was produced to support the claim.

The lawyer warned that such abuses pose a serious threat to democracy and civic space in Nigeria, calling on citizens to demand accountability from those in power.

“We must insist that those who govern us are answerable to us. No government should have the power to incarcerate a citizen for speaking truth or seeking justice,” he said.

He urged civil society not to let the case fade into history, stressing that it must remain part of public discourse, especially as future elections approach.

“This must not be forgotten. It must not be swept under the carpet,” he stressed.