Open Letter to The Attorney General and Commissioner For Justice, Ebonyi State on Demand for Enforcement of Court Judgement and Release of Comrade Emmanuel Acha

Dear Attorney General,

The League of Civil Society Organizations in Kano State respectfully issues this formal correspondence to notify your esteemed office of a grave violation of constitutional rights and judicial authority concerning the ongoing detention of Comrade Emmanuel Acha, a civic activist and human rights defender.

Comrade Acha has been held at the Abakaliki Correctional Centre, Ebonyi State, since March 2025, notwithstanding a valid and subsisting order of a court of competent jurisdiction directing his release.

Comrade Acha, the Chairperson of the Coalition of Civil Society Organizations in Enugu State and a member of the Resource Justice Network (RJN), is widely acknowledged for his sustained contributions to good governance, anti-corruption efforts, conflict mediation, and community rights advocacy.

His engagement in land governance transparency and democratic participation has been consistent, lawful, and in alignment with national and international standards for civil society engagement.

Despite his longstanding peacebuilding record, Comrade Acha has been subjected to politically motivated allegations, including purported involvement in communal conflict, instigating violence, and unlawful possession of firearms.

These allegations are inconsistent with his documented civic work and appear to constitute an abuse of prosecutorial and security powers. His arrest, prolonged incarceration, and the prosecution’s conduct raise serious concerns under constitutional and statutory safeguards.

Notably, the Federal High Court, Abakaliki, in Suit No: FHC/AI/FHR/31/2025, delivered judgment on 22 October 2025, unequivocally ordering the immediate and unconditional release of Comrade Acha.

This order remains binding, final, and enforceable unless set aside by a superior court. To date, however, the judgment has been flagrantly disregarded, in contravention of:

1. Section 35 of the 1999 Constitution (as amended), which guarantees personal liberty and prohibits unlawful detention;
2. Section 287(3) of the Constitution, which mandates all authorities and persons to obey and give effect to decisions of the Federal High Court;
3. Obligations under the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, particularly Articles 6 and 7 concerning liberty, fair hearing, and protection from arbitrary arrest;
4. Nigeria’s commitments under international human rights law.

The continued detention of Comrade Acha, in clear defiance of a binding court order, constitutes not only a violation of his fundamental rights but also an affront to the rule of law, separation of powers, and the integrity of the judiciary.

Such actions, if allowed to persist, set a dangerous precedent that undermines public confidence in the legal system and threatens the constitutional order.

Accordingly, we hereby demans that your office, by virtue of its constitutional mandate under Sections 195 and 211 of the Constitution, take immediate steps to:

1. Ensure the enforcement of the Federal High Court judgment of 22 October 2025, thereby effecting the immediate and unconditional release of Comrade Emmanuel Acha;
2. Review and direct the withdrawal of all charges that lack evidentiary or prosecutorial merit and are indicative of political or retaliatory motives;
3. Initiate an independent and transparent inquiry into the circumstances surrounding his arrest, detention, and prosecutorial handling;
4. Issue directives to relevant security and prosecutorial bodies to prevent the continued misuse of legal processes against civic actors and human rights defenders.

Your timely intervention is both legally required and necessary to protect the sanctity of the judiciary, uphold constitutional rights, and prevent further erosion of Nigeria’s civic space.

Comrade Acha’s continued incarceration despite a court’s directive is incompatible with the rule of law and detrimental to the administration of justice.

We trust that your office will act promptly and decisively in accordance with its constitutional obligations and in the interest of justice.

Respectfully,

1. Comrade Bala Abdullahi Gaduwama – Wuro Development Concerns (WDCN)
2. Yusha’u Sani Yankuzo, Esq. – Centre for Human Rights and Social Advancement (CEFSAN)
3. Mohammed Bello – African Centre for Innovative Research and Development (Afri-CIRD)
4. Abdullahi Y. Sule – Youth and Environmental Development Association (YEDA)
5. Abdulkadir Musa Hausawa – Youth Enlightenment Forum
6. Adeniyi Aremu, Esq. – Civil Society Organization for Conflict Resolution in Nigeria (CS-CRIN)
7. Sani Ilyas Abdullahi, Esq. – Joint Action Front (JAF), Kano State
8. Comrade Fatima A. Ibrahim – United Action for Democracy (UAD), Kano State
9. Comrade Khadija Hudu A. – Justice, Accountability and Rights Advocacy Centre
10. Comrade Moh’d Sani Garba – Pay it Forward Initiative
11. Fatima Muhammad – Gender Inclusive and Development Support Initiative, Kano
12. Aminu Sani Muhammad, Esq. – Rule of Law and Justice Advancement Network (ROLJAN)
13. Comrade M. K. Adam – Societal-Based Initiative for Rights, Peace and Development (SOBIRPED)
14. Fatima Ibrahim Badamasi – Gender Support and Youth Empowerment Initiative (GENSAYE)
15. Buhari Abubakar Usman – Centre for Legal Orientation and Humanitarian Aid (CELOHA)
16. Abdullahi Yahaya, Esq. – Publish What You Pay (PWYP), Kano State
17. Comrade Auwal Salisu – Centre for Awareness Reorientation and Empowerment (CARE-Africa)
18. Umar Isa Sulaiman, Esq. – Frontier for Gender Advocacy, Accountability & Empowerment Initiative.
19. Maryam Garba Usman – Centre for Gender and Social Inclusion (CAGSI)
20. Fatima Chabir Aliyu, Esq. – Community-Based Equal Justice Initiative
21. Comrade Salisu Ibrahim Sa’eed – Kano Youth Integrity Forum
22. Comrade Baraya Garba Hassan – Centre for Education, Health and Entrepreneurship Development (CEHED), Nigeria.