Nigeria Police Force has withdrawn its proposed evidence in the ongoing cyberstalking case against Mrs. Chioma Okoli, who is being tried over her controversial review of Erisco Foods’ Nagiko Tomato Mix.
The decision was made on Wednesday at the Federal High Court in Abuja, where police counsel Adam Ugwuanyi formally withdrew the documents after the defence lawyer, Inibehe Effiong, raised strong objections to their admissibility.
Okoli, the sole defendant in the case, is being prosecuted by the Inspector-General of Police (IGP) on charges stemming from her 2023 Facebook post criticizing the sugar content of Erisco’s tomato paste — a comment that went viral and sparked widespread online reactions.
Judge Urges Amicable Settlement
At the resumed hearing, Justice Peter Lifu reiterated his earlier call for both parties to explore an amicable resolution, citing Section 17 of the Federal High Court Act, which empowers judges to encourage alternative dispute resolution.
> “I am only acting as the conscience of the nation by advising both parties to try and settle. However, I am fully prepared to continue with the hearing if they cannot reach an agreement,” the judge said.
In response, Ugwuanyi maintained that it was the defendant’s duty to initiate settlement efforts.
Effiong, however, told the court that several prominent Nigerians had already intervened in an attempt to broker peace between his client and Erisco Foods, but that such efforts had been rebuffed.
> “The CEO of Erisco Foods has vowed to continue with the trial regardless of any intervention,” Effiong alleged.
When asked by the court to clarify the company’s stance, Mr. Nnamdi Nwokolo, a representative of Erisco Foods and Personal Assistant to the company’s CEO, denied any knowledge of reconciliation attempts, insisting that no formal steps had been taken toward settlement.
Prosecution Witness Takes the Stand
Following the exchanges, Justice Lifu directed Nwokolo — the first prosecution witness (PW1) — to enter the witness box.
In his testimony, Nwokolo told the court that Okoli’s September 2023 Facebook post led to a nationwide backlash, including protests by women’s groups and a boycott campaign that hurt the company’s business operations.
> “Our Chinese suppliers even sent emails expressing concern over the boycott campaign. The company’s fortunes have drastically declined as a result,” he said.
The police counsel then sought to tender several documents as evidence, including the defendant’s Facebook post, petitions to the IGP, emails from Erisco’s partners, NAFDAC publications, and photographs from protest scenes.
However, Effiong objected to the admissibility of most of the documents, arguing they did not meet the requirements of Section 84 of the Evidence Act (2011), which governs electronic evidence. He also pointed out that some documents were public in nature and uncertified, contrary to Section 104 of the same Act.
> “The prosecution’s certificate of compliance lacks the necessary details to validate the electronic documents,”
Effiong argued, citing the Supreme Court ruling in Kubor v. Dickson (2013) as precedent.
Prosecution Withdraws Evidence
Faced with multiple objections, Ugwuanyi withdrew the documents, telling the court he preferred to “put his house in order” before proceeding further.
Effiong, however, criticized the move, describing it as a delay tactic and requested a ₦500,000 cost for time wasted.
Justice Lifu agreed that the prosecution had offered no “cogent reason” for seeking adjournment, noting that the case had already consumed the court’s time.
Ugwuanyi then opted to close the evidence of his witness without tendering any exhibits.
Justice Lifu subsequently adjourned the case to January 21 and 22, 2025, for cross-examination of the first prosecution witness, and directed the police to ensure the presence of all remaining witnesses on the next hearing dates.
NAN
