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From Godwin Tsa Abuja
The trial of Mrs. Chioma Okoli, who was arraigned by the Inspector General of Police on a two-count charge in connection with her online commentary on Erisco Foods Limited’s tomato paste, which the police alleged violates the Cybercrime Act of 2015, has further been shifted to September 26 by the Federal High court.
The adjournment was necessitated by the personal appearance of the defence counsel, Inibehe Effiong.
When the case was called, Justice Peter Lifu drew the attention of the prosecution counsel of a letter by Effiong seeking for an adjournment.
By agreement of counsel, the matter was further adjourned to September 26.
At Wednesday proceedings, Adams Sani Ugwuanyi held the brief of Abdulrahid Sidi for the prosecution, while O.L Okwatula represented Effiong as defence counsel.
The matter was previously adjourned to June 19 following the absence of Justice Peter Lifu
who was said to be attending a judicial conference.
The case was scheduled for the commencement of trial by the after the defendant who pleaded not guilty to the charge was granted a N5 million bail by the Abuja division of the Federal High Court.
Although both the defendant, his lawyer, Inibehe Effiong and the prosecution counsel, Abdulrashid Sidi were present in court and ready to proceed with the trial, an official of the court announced that the judge who was attending a conference could not be available for the trial.
Parties where consequently asked to take further dates for the trial.
Justice Peter Lifu had in his ruling last Friday, ordered that the defendant must produced two sureties in like sum one of whom must be her spouse or blood relation.
Besides, the sureties who must be residence of the Federal Capital Territory (FCT), with proven means of livelihood.
In addition, the defendant was asked to deposit her international passport with the court if she is in possession of any.
Justice Lifu further directed the registrar of the court to verify to confirm that the bail conditions are met by the defendant.
In his ruling, Justice Lifu said he was bound by the materials placed before the defendant to exercise the discretion of the court in her favour.
While relying on section 35 (6) of the 1999 constitution, the judge said bail is a constitutional rights of a defendant once the conditions stipulated in sections 162 (1); 165 and 168 of the Administration of Criminal Justice Act, 2015, are put into consideration.
He said after review the application of the defendant, exercising a wrong discretion against her by denying bail would amount to pre-trial judgment and judicial rascality.
Meanwhile, the court has fixed June 13 for continuation of trial.
She was brought to court on Friday from the Suleja Correctional center, where she has been on remand since Tuesday, by personnel of the Nigeria Correctional Center..
Mrs. Okoli was arraigned on Tuesday by the Inspector General of Police on a two-count charge bordering on cyber crime.
Although she pleaded not guilty to all the counts, Justice Lifu ordered her remand till Friday when a ruling on her bail application would be delivered.
Earlier, the prosecution counsel, Abdulrashid Sidi urged the court to reject the bail application that was moved by the defence counsel, inibehe Effiong.
Sidi had objected the bail application on the ground that giving the history and antecedent of the defendant, there is the likelihood that she would jump bail.
The prosecution informed the court specifically that the defendant has while on an administrative bail, refused to honour it’s terms and would most likely jump bail.
The defence counsel, Effiong had made passionate efforts to secure the freedom of his client by drawing the court’s attention to her health condition.
Effiong who tendered a medical report to justify his position stated that her client had suffered miscarriage as a result of the psychological trauma of the case.
However, Justice Lifu who was unable to deliver a ruling on the bail application ordered that the defendant be remanded to the Suleja Correctional center till Friday when the ruling would be delivered.
The judge equally fixed June 13 for the continuation of trial.
The Police had alleged that initial investigations have revealed significant evidence suggesting Mrs. Chioma’s involvement in breaking existing laws, especially concerning the appropriate use of cyberspace.
On September 17, 2023, Egodi shared a Facebook post stating that she purchased Nagiko Tomato Mix from Erisco Foods the day before and found it overly sweet. She mentioned that she normally buys Gino or Sonia brands, but they were out of stock.
Her post generated reactions and forced the management of the company to involve the police through a petition to Kayode Egbetokun, the Inspector General of Police.
The controversy also prompted scrutiny of the product’s registration, leading the National Agency for Food and Drug Administration and Control (NAFDAC) to confirm Eriscofoods’ Nagiko Tomato Mix’s registration in 2021.
