The Federal High Court in Abuja has scheduled July 24 for ruling on a no-case submission filed by Mrs. Chioma Okoli, a food critic, in connection with the alleged cybercrime case over her online review of Erisco Foods Limited’s tomato paste.
Justice Peter Lifu set the date after arguments from Okoli’s counsel, Inibehe Effiong, and the police lawyer, Joel Nimfa, who presented opposing views on the no-case application.
Okoli was granted N5 million bail with two sureties on May 31, 2024, after spending several days in a correctional centre. She is facing two counts under the Cybercrime Act, 2015, related to her online commentary about Erisco tomato paste and has pleaded not guilty.
The incident traces back to September 17, 2023, when Okoli posted on Facebook that the Nagiko Tomato Mix she purchased from Erisco was “utterly sugary.” Her post sparked widespread reactions, prompting the company to petition the police.
Although Justice Lifu encouraged the parties to explore an out-of-court settlement, the case proceeded. After the prosecution closed its case with two witnesses, Okoli opted for a no-case submission, arguing that the prosecution had failed to provide sufficient evidence to require her to present a defence.
In his written address (FHC/ABJ/CR/470/2023), Effiong argued that:
- The essential elements of the alleged offences were not proven.
- Evidence presented by the prosecution had been discredited during cross-examination.
- There was no admissible evidence linking Okoli to the alleged cybercrime.
- The charge has been pending for over three years, resulting in a waste of judicial time and resources.
Effiong also challenged the jurisdiction of the court and requested that certain prosecution exhibits, including Exhibit CEO2, CEO6, and pages 1–3 of CEO9, be expunged from the record as legally inadmissible.
Responding, police lawyer Nimfa opposed the no-case submission, arguing that the court cannot assess evidence or credibility before the defence is called. The prosecution urged the court to dismiss the application, maintaining that weighing evidence at this stage is prohibited under the law.
