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By Madu Obi
An Anambra State High Court sitting in Nnewi has sentenced Boniface Okonkwo, a South African-based activist, to 18 months in prison for defaming Sir Emeka Offor, the chairman of Enugu Electricity Distribution Company, EEDC.
The court, presided over by Justice Vincent Agbata, found Okonkwo guilty of posting the defamatory content on the Oraifite WhatsApp platform, where both he and Offor belong, describing Offor's meter manufacturing company in their community as an "empty warehouse."
The judge,. however, offered Okonkwo an option of N500,000 fine .
Okonkwo's troubles began in January 2024 when he was arrested and detained following a complaint by Offor. The prosecution presented evidence, including a phone call allegedly made by Okonkwo in the courtroom, which linked him to the defamatory post through a truecaller app.
Justice Agbata said the evidence presented was sufficient to convict him, adding that it was a common ground that Offor and Boniface are from Oraifite and belong to the same Oraifite WhatsApp group, with no dispute about it.
He also said it was a common ground that VIPs, including the Vice President of Nigeria, visited Oraifite community for a function where the subject matter in court originated, stating that trouble began when the defamatory publication surfaced two days later.
He noted that Okonkwo earlier defended himself through his counsel based on justification and fair comment, only to later deny the defamatory publication entirely.
Reacting to the judgment, the defence counsel, S. I Okonkwo, expressed mixed feelings, stating that while he was unhappy with the outcome, he was relieved that the judge offered an option of a fine.
Okonkwo said: "The defense did a good job because the prosecution case which my Lord failed to go into, the person that owns the radio station and the meter factory said to be defamed was not Emeka Offor, but corporate bodies mentioned by the Director of the radio station," he said.
"He didn't narrow the issue as to whether the defendant is the maker of the alleged defamatory statement.
But in any case, my Lord is an experienced Judge and he's given his judgment. We as lawyers have done our own part and will decide on the next step to take.
We will retire to our table and analyze the judgment. But certainly I'm not satisfied about the judgment because I didn't expect it. My only happiness is that even though he has convicted him, he gave him option of fine."
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