A Federal High Court sitting in Abuja, presided over by Justice Zainab Abubakar has remanded a Nigerian Journalist, Citizen Agba Jalingo at the medium security custodial center in Kuje for alledged Cybercrime.
He was remanded today Monday on a two charges bordering on false publication intended to cause, “annoyance, ill will and insult,” on the person of Mrs. Elizabeth Frank Ayade, the wife of the younger brother of Governor Ben Ayade.
In a suit, FHC/ABJ/CR/565/2022, Jalingo is alleged to have committed an offense punishable by Section 24 (1)b of the Cybercrimes (Prohibition, Prevention, Etc) Act 2015.
Shortly after, the prosecution counsel, Fidelis Ogbobe Esq. sought an adjournment for trial which the defense counsel, F. Baba Isa did not oppose but pleaded for the matter to be stood down as the lead counsel, Marshal Abubakar Esq. was on his way when the Journalist pleaded not guilty to the both charges.
Mr. Ogbobe opposed the application, citing Section 354 of the Administration of Criminal Justice Act, 2015 which stipulates that when parties are called, the Court shall proceed to hear the matter.
According to him, “The excuse is a calculated attempt to postpone the arraignment,” and asked the Court to not take the defense seriously.
However, Justice Abubakar indulged the prosecution and did not grant the application, as the defense counsel Isa said for the interest of justice the sin of the counsel should not be visited on the defendant.
She subsequently adjourned the matter until March 30th, 2023 for the Court to take the bail application of the defendant and May 31st, 2023 for the trial.
While leaving the Courtroom, Mr. Jalingo was greeted by several activists, friends, allied and associates including the Presidential Candidate of the African Action Congress in the just concluded 2023 general elections, Omoyele Sowore.
The Case.
Mrs. Ayade who was in Court on Monday, had in July 2022, through her lawyer, Uyi Frank Obayagbona Esq written to Mr. Jalingo seeking a retraction of an article that queried why a suspended staff of the University of Calabar, Paschal Aboh Esq was facing trial for impersonating a student of the Nigerian Law School, Abuja campus while the person who allegedly contracted him (Mrs. Ayade) was walking free.
She demanded that an apology should be published in two national dailies, including, but not limited to Facebook, Instagram, and Cross River Watch (not CrossRiverWatch) as well as NGN 500 million in damages.
He was given fourteen days to comply otherwise legal proceedings will be instituted against him.
However, Police from the FCT Command on August 19, 2022, stormed the Ogudu residence of Citizen Jalingo in Lagos state and arrested him.
His wife and daughter after several hours were held hostage.
He was subsequently detained at the Alapere police station and later, at Area F Command in Ikeja before he was flown to Abuja the next day.
There it was revealed that Mrs. Elizabeth Frank Ayade had abandoned the civil approach and petitioned him for allegedly defaming her character.
Later that night, he was released but was asked to return in two days times precisely on August 22nd, when he was asked to go back to Lagos since Mrs. Ayade the complainant failed to show up.
In January 2023, it was speculated that the Police abandoned the criminal defamation case and opted to sue Citizen Jalingo for alleged cybercrimes.
Also, civil proceedings secretly filed in September 2022 at the High Court of the FCT, were served via substituted means at the gate of Hit 95.9 FM Calabar where Mr. Jalingo is not a staff.
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