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Justice Aluko: Federal Court Can’t Try Defamation Over Evangelist Ebuka, Sustains Cyberstalking Charge Against Ofoegbu

Federal High Court Of Nigeria

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The Federal High Court in Lagos, presided over by Justice Akintayo Aluko, has delivered a significant ruling in a cybercrime case, striking out two counts while sustaining one in a three-count charge against Chizorom Harrison Ofoegbu.

In the ruling delivered on Friday, July 19, 2024, Justice Aluko upheld the defendant’s preliminary objection challenging the court’s jurisdiction on counts one and three but maintained jurisdiction over count two of the amended charge.

The court struck out count one, which alleged conspiracy, ruling that “one cannot be successfully accused of conspiracy to commit a principal offence that is non-existent.” The judge noted that the alleged offence of using social media to make false online publications with the intention to cause hatred and damage reputation is not provided for under existing law, particularly following the 2024 amendment of the Cybercrimes Act.

On count three, which dealt with defamation by publication, the court held that it lacks jurisdiction over such matters. Justice Aluko emphasized that “defamation is not one of the items over which jurisdiction is conferred on this Court vide Section 251(1) of CFRN or in respect of which the National Assembly can be said to have conferred this court with such jurisdiction.”

However, the court sustained count two, which deals with cyberstalking through online publications allegedly putting Evangelist Ebuka Obi in fear of death. The judge ruled that this offense falls within Section 24(1)(a)(b) and 2(a) of the Cybercrimes (Prohibition, Prevention, etc) Act, 2015 (As Amended, 2024).

Justice Aluko addressed the timing of the alleged offense, noting that it was committed in February 2024, the same month the amended Cybercrimes Act was signed into law by President Bola Ahmed Tinubu. The court held that “the offence is presumed to be in existence in the month of February 2024.”

The judge also dismissed arguments about the constitutionality of the charge, stating that if the defendant wishes to challenge the constitutionality of the Act, he should “initiate the process where the National Assembly will be made a necessary party to defend their legislative action in promulgating and passing the Act into law.”

The case, marked FHC/L/321C/2024, saw appearances from DSP Peter Ejike for the prosecution, while renowned human rights lawyer Femi Falana, SAN, accompanied by Femi Akinyemi, Esq., represented the defendant. Patrick Ntem Chukwu Iheonu, Esq., held watching brief for the nominal complainant.

The ruling marks a significant interpretation of the scope of the Federal High Court’s criminal jurisdiction, particularly in matters relating to cybercrime and defamation. It also provides clarity on the application of the recently amended Cybercrimes Act of 2024.

The defendant was notably absent during the delivery of the ruling. The case continues with the sustained count of cyberstalking, while the counts of conspiracy and defamation have been definitively struck out.

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