As persecution of journalists continue in Nigeria, the News Agency of Nigeria reported that the Police in Lagos on Tuesday arraigned a publisher of a news website, Naijahottestgist.com, before a Federal High Court, Lagos for allegedly publishing a defamatory story against the Managing Director of Fidelity Bank Plc.
The accused, Seun Oloketuyi, 39, is standing trial on a two-count charge bordering on defamation.
The Prosecutor, Mr Olakanmi Omisope, told the court that the accused committed the alleged offences sometime in June, in Lagos.
He said that the accused, knowingly and intentionally, published a defamatory story on the internet against one Mr Nnamdi Okonkwo, the Managing Director of Fidelity Bank Plc.
Omisope alleged that the accused published the said defamatory story in www.naijahottestgist.com, in order to annoy, and insult Okonkwo.
The prosecutor also alleged that the accused knew that the information he published was false.
He said that the offences contravened Section 24 (1) (b) of the Cybercrime (Prohibition Prevention) Act, 2015, and Section 375 of the Criminal Code Act, Cap C38, Laws of the Federation.
The accused pleaded not guilty to the charges.
The prosecutor, however, urged the court to remand the accused in prison custody pending trial.
Counsel to the Accused, Mr A. A. Adetunji, asked the court to allow him make an oral application for bail of the accused.
However, the trial judge, Justice Mohammed Yunusa, in his ruling, remanded the accused in Ikoyi prison, and adjourned the case to Sept. 1, for hearing of a formal application for bail.
NAN reports that Section 24 (1) of the Cybercrime Act provides that any person who intentionally or knowingly sends a message which is grossly offensive or obscene and found to be false, by means of computer network, is liable on conviction to a fine of N7, 000 or three years imprisonment or both.
Reports of the remand of the said publisher in prison custody has again brought to fore the issue of Libel, defamation and the legalities surrounding them.
Is defamation to be treated as a criminal case as has been the precedent in Nigeria in recent times?
According to Akintunde Esan, a legal practitioner and popular blogger: "The right to freedom of expression, in a civilized society is subject to the right of others not to have their reputation injured. Thus, every person has a right to the protection of his good name, reputation and the estimation, which he stands in the society of his or her fellow citizens. Consequently, in Nigeria, whoever utters, publishes, broadcasts, communicates or telecasts anything injurious to the good name, or reputation of anothercommits both a tort and a criminal offence.
This legal illumination is focused on defamation as a civil wrong or tort in Nigeria judicial jurisprudence, though occasionally reference to defamation as a criminal offence may be made.
Esan breaks down defamation as follows:
What is a Defamatory Statement?
The tort of defamation has to do with injury to the reputation of a person resulting from words written or spoken by others against him. It is now settled from case law that, a defamatory statement or imputation consists of the publication to a third person or persons of any words or matter that has the following effects:-
i. To lower the person defamed or claimant in the estimation of right-thinking members of society generally; or
ii. To cut him off from society; or
iii. To expose him or her to hatred, contempt or ridicule; or
iv. To cause other persons to shun or avoid him or her; or
v. To discredit him or her in his office, trade or profession; or
vi. To injure his or her financial credit
(Credit: Akintunde Esan's Legal Illuminations)
Mr. Esan explained that the criminal code adequately covers defamation and where proven the offender may be sued under the law.
In the case of Olokuteyi, we can't help but wonders if defamation has been proved and in any case, and why was he remanded, is it not a bailable offence? For how long will journalists be persecuted by the high and mighty who have more money and muscles than the journalist?
We do hope that Mr Oloketuyi is getting the best legal representation and that the Nigerian Union of Journalists is keeping abreast of the case and actively involved.
#FreeSeunOloketuyi.
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