Non-service of Charge Stalls Arraignment of Facebook User over Alleged Damaging Review of Nagiko Tomato Paste 

Alex Enumah in Abuja

The arraignment of a Facebook user, Mrs. Chioma Okoli, before a Federal High Court in Abuja, has been stalled over the failure of the Police to serve her with court documents.

Mrs Okoli was arrested in September by the Police for allegedly making a damaging review of a tomato paste on her Facebook page.

Following the conclusion of an investigation, the police filed a two-count charge against her before the Abuja division of the Federal High Court.

However, when the case with suit number: FHC/ABJ/CR/470/23, was called, the prosecution lawyer, Mr Lukman Anthony, informed the court that although the matter was set out for arraignment, the defendant is yet to be served with the charge. 

He claimed several efforts have been made to serve her the charge with no success, adding that the defendant has been on administrative bail.

Responding, trial judge, Justice Ahmed Mohammed reminded the prosecution lawyer of provisions in the Administration of Criminal Justice Act (ACJA), that allows the use of substituted service of charge on a defendant.

Based on the hint from the court, Lukman then asked for a short adjournment for the prosecution to go and do the needful.

Justice Mohammed subsequently fixed January 10, 2024, for further mention.

Earlier, when the matter was called, Mr, Inibehe Effiong, had announced an appearance in “protest” for the defendant, because the defendant was not aware of this proceeding, adding that the prosecution wanted to ambush the defendant.

But, the judge who queried how he became aware of the proceedings, stated that he didn’t see why a lawyer would be protesting on why the charge has not been served on the defendant.

Justice Mohammed meanwhile assured Effiong that the ACJA does not allow the defendant to be arrested when she has not been served. 

“She has not been served and therefore there is no need to appear in protest. I can only record you that you are appearing for her but not appearing in protest”, the judge held.

Effiong accordingly withdrew his “appearance in protest” for the defendant because the defendant had not been served with the charge.

Okoli was arrested by the Police 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, 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, to buy 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.