Alleged Cyberstalking: Blogger Denies Defaming Cleric, Court Orders His Remand
The Federal High Court sitting in Lagos has ordered the remand of a blogger, Chizorom Harrison Ofoegbu, for alleged cyberstalking, and defamation of the spiritual director, Zion Movement Outreach Ministry, Evangelist Ebuka Obi.
Trial judge, Justice Akintayo Aluko, ordered the remand of the blogger after he pleaded not guilty to the three counts charge of conspiracy, cyberstalking, and publishing vexatious and obnoxious articles against the person of Evang. Ebuka Obi.
At the arraignment of the blogger on Monday, a Deputy Superintendent of Police (DSP), Peter Ajike, appeared for the prosecution, while Femi Falana (SAN) represented the defendant.
The prosecutor informed the court that he had a pending charge against the blogger and sought to replace the charge with an amended one dated April 15, 2024.
Falana, however, raised objections to the amended charge because he was not served and had not seen the information contained in it. However, upon being served with the amended charge, he withdrew his objection.
When the three counts amended charge was read to the defendant, he pleaded not guilty.
Following his plea, Falana made an oral application for his bail.
In his submissions, the senior advocate cited the Court of Appeal decision between Abiola and the Federal Republic of Nigeria and urged the court to exercise its discretion in granting the defendant, bail.
But the prosecutor urged the court to discount the oral bail application and insisted that the court is a court of record. He also asked the judge to remand the defendant in the custody of the Nigerian Correctional Services (NCoS), till his bail application is filed and determined.
In his ruling, Justice Aluko held that every case has its peculiarity. He ordered that a formal bail application be filed.
On the remand of the defendant pending the hearing of his bail application, his lawyer pleaded with the court to remand him in the police facility where he had been remanded for the past two months.
Again, the prosecutor opposed the application and urged the court to remand the defendant in the NCoS’ custody.
Justice Aluko, in his short ruling, acceded to the prosecutor’s submission and ordered that the defendant be remanded at the NCoS, pending the hearing and determination of his bail on May 30.
The three counts amended charge against the blogger reads:
“That you Chizorom Harrison Ofoegbu ‘M’ sometime in February 2024 at Oshodi Lagos State within the Jurisdiction of this Honorable Court did commit an illegal act to wit: Conspiracy, when you Chizorom Harrison Ofoegbu and others now at large Criminally conspired within yourselves, used your social media handle “The King of the game” knowing same to be false made a vexatious and obnoxious online Publications against the person of Evang. Ebuka Obi the spiritual director of Zion Movement Outreach Ministry situate in Lagos purporting him to be performing fake, arranged miracles and deceiving members of the Public which attracted several views from third parties with the intention to cause hatred and damage to the reputation of Evang. Ebuka Obi and his Ministry before the right thinking members of the Public and you thereby committed an offence contrary to section 27(1)(a) of Cybercrimes (Prohibition, Prevention) Act 2015.
“That you Chizorom Harrison Ofoegbu ‘M’ sometime in February 2024 at Oshodi Lagos State within the Jurisdiction of this Honorable Court did commit an illegal act to wit: Cyberstalking, when you Chizorom Harrison Ofoegbu and others now at large Criminally used your social media handle “The King of the game” made a vexatious and obnoxious online Publications against the person of Evang. Ebuka Obi the spiritual director of Zion Movement Outreach Ministry situate in Lagos purporting him to be performing fake and arranged miracles and deceiving members of the Public as well as put Evang. Ebuka Obi to fear of death and any members of his Ministry which attracted several views from third parties with the intention to cause hatred and damage the reputation of Evang. Ebuka Obi and his Ministry before the right thinking members of the Public and you thereby committed an offence contrary to section 24(1){a)(b) and (2)({a)(b)Cybercrimes (Prohibitions, Prevention) Act 2015.
“That you Chizorom Harrison Ofoegbu ‘M’ sometime in February 2024 at Oshodi Lagos State within the Jurisdiction of this Honorable Court did commit an illegal act to wit: Defamation, when you Chizorom Harrison Ofoegbu and others now at large Criminally used your social media handle “The King of the game” made a vexatious and obnoxious Publications against the person of Evang. Ebuka Obi the spiritual director of Zion Movement Outreach Ministry situate in Lagos with the intent to annoy, exposing him to hatred, contempt and ridicule him by purporting him to be performing fake and arranged miracles and deceiving members of the Public which attracted several views from third parties and by so doing. you have criminally disparage, lower his estimation and damage the reputation of Evang. Ebuka Obi and his Ministry before the right thinking members of the Public and you thereby committed an offence contrary to sections 373 and 374 of the Criminal Code Act, Punishable under section 375 of the Criminal Code Act.”