Alex Enumah in Abuja
Justice Peter Lifu has fixed April 18, 2024, for the arraignment of a Facebook user, Mrs. Chioma Okoli, over an alleged damaging review of Nagiko Tomato paste.
The judge fixed the date yesterday after failed attempts by lawyers representing parties to move their separate applications regarding the suit.
Okoli’s arraignment had suffered several setbacks for months, owing to the failure of the police to serve her with court documents.
She was in September arrested by the Police for allegedly making a damaging review of Nagiko’s tomato paste on her Facebook page.
Following the conclusion of investigation, the police had filed a two count charge against her before the Abuja division of the Federal High Court.
At yesterday’s proceedings, the prosecution lawyer, Mr. Lukman Anthony, attempted to move an exparte application seeking the court’s permission to serve the two count charge marked: FHC/ABJ/CR/470/23, on the defendant through substituted means.
Anthony claimed that efforts by the court’s bailiff to locate the defendant have been unsuccessful; however, taking the hint of the court, the counsel withdrew the application.
Responding, the defendant’s lawyer, Mr. Inibehe Effiong, said that contrary to the claim of the prosecution, the defendant on her own obtained the charge from the police, to show her willingness to stand trial.
He, however, drew the court’s attention to two applications filed by the defendant in respect of the trial.
Effiong said that the first application is challenging the arraignment of the defendant before the Abuja Division of the Federal High Court.
According to him, the alleged offence committed by the defendant was done in Lagos, the defendant as well as the complainant are both in Lagos, therefore the Lagos division ought to be the proper place for the arraignment of the defendant.
The second application, he said, is for bail depending on the outcome of the first application, stressing that the court should resolve the issue before arraignment.
Although Anthony opposed the hearing of the application on jurisdiction before arraignment, Effiong however, taking the hint of the court on the need for the defendant to first appear in court due to the charge, stepped down the application and promised that, “the defendant will be in court at the next adjourned date.”
In a short ruling, Justice Lifu held that “this matter is adjourned to April 18 for possible arraignment and hearing of pending motions.”
The police had arrested the defendant following complaints by Erisco Foods Limited, Lagos that her post about the company’s product, Nagiko Tomato Paste, was damaging.
The woman, in a September 17, 2023 post, claimed that a tomato paste she bought in a market tasted sugary.
According to her post, she had gone to the market on September 16, with the intention of buying Gino or Sonia brand of tomato paste but could not find both, adding that she later bought the Nagiko Tomato Paste, which she had planned to use in making stew.
“When I opened it, I decided to taste it, Omo! Sugar is just too much!” she wrote.
She subsequently urged other Facebook users to confirm if they had used the product before, apparently to ascertain if they had similar experiences.
