Just In : Judge Rules Federal High Court Lacks Power Over Criminal Defamation In Nigerian Police Case Against Social Media Influencer, Ijele
In its arguments, Falana and Co. submitted that “this Honourable Court lacks the jurisdiction to entertain this amended charge.”
A Federal High Court in Lagos has ruled that the court lacks the power to try the offence of criminal defamation.
The court stated this while dismissing two of the three counts of cybercrime charges brought against social media blogger, Mr. Chizorom Harrison Ofoegbu, popularly known as Ijele.
SaharaReporters earlier on Friday reported that a Federal High Court in Lagos had struck out two of the three counts of cybercrime charges brought against the social media influencer.
In a ruling delivered on Friday, the court also nullified the initial stringent bail conditions that had kept Ijele in prison.
Legal luminary, Mr. Femi Falana (SAN), had filed a preliminary objection challenging the validity of his trial for alleged cybercrime offences.
The charges were brought against Ijele by the police on behalf of Evangelist Ebuka Obi, the leader of the Zion Prayer Ministry Movement Outreach.
It was earlier reported that the court also ordered the correctional service to immediately release Ijele’s medical records to his lawyers.
Meanwhile, regarding Count 3, one of the counts dismissed by the court, was dismissed on the ground that the Federal High Court lacks the jurisdictional competence to try the offence of criminal defamation.
Ijele had challenged the jurisdiction of a Federal High Court in Lagos to determine its cybercrime and criminal defamation case.
Count 3 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: 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.”
Ijele, through his team of lawyers led by Mr Femi Falana (SAN) in a Notice of Preliminary Objection dated June 28, 2024, urged the court to strike out the case.
The case was filed by the Inspector General of Police as the Complainant/Respondent.
The Notice filed by his lawyers reads, “TAKE NOTICE that the Defendant/Applicant is challenging the jurisdiction of this Honourable Court on the following grounds: Count 1 of the charge alleges conspiracy is illegal as the Defendant cannot conspire against himself.
“Count 2 of the amended Charge is illegal and unconstitutional because: A) The National Assembly lacks the vires to enact laws on phonographic. materials. B) It is based on the Cybercrime Act 2015.
“Count 3 alleges offences that fall within the jurisdiction of the state High Court.”
The notice asked “whether this Honourable Court has jurisdiction to entertain this charge, as presently couched”.
In its arguments, Falana and Co. submitted that “this Honourable Court lacks the jurisdiction to entertain this amended charge.”
In June, Deji Adeyanju & Partners, through one of their lawyers, Silas Onwugbonu, Esq., raised the alarm over Ijele’s deteriorating health condition.
The lawyers in a public statement dated June 24, 2024, lamented that the influencer’s health condition had worsened to the point of coughing up blood.
