A blogger who published false reports claiming Anambra State Governor Chukwuma Soludo had disowned his son has been remanded at the Awka Correctional Centre, even after issuing a public apology and a full retraction of the disputed stories.
Blogger faces three criminal charges
Ejike Ofoegbu, publisher of Igbo Times Magazine and INews, was arraigned before Magistrate Court I sitting at Amawbia, near Awka, on Monday. He faces three counts of identity theft, criminal defamation, and cyberstalking, according to court documents.
Presiding Chief Magistrate C.O. Ezekwere ordered Ofoegbu's remand following an ex parte application by the prosecution. The prosecution argued that the defendant should remain in custody while police conclude their investigation and forward the case file to the Attorney General's office for legal advice.
False claims about the governor and his family
Among the publications that triggered the charges were claims that Governor Soludo had publicly disowned his son Ozonna, that Ozonna had described his father as a drunkard who beat his mother, and that the governor participated in a drinking competition with a serving federal minister. The prosecution described all three stories as false, malicious, and calculated to damage the reputation of the governor and his family.
Ofoegbu had previously issued a public apology and retracted the stories in full. However, the prosecution maintained that the retraction did not erase criminal liability, arguing that an apology after the fact does not absolve a defendant of offences already committed under the Cybercrimes Act and the Criminal Code.
Charges under Cybercrimes Act and Criminal Code
The charges against him are grounded in Section 24(1)(b) of the Cybercrimes Act relating to cyberstalking, Section 38 of the same law covering identity theft and impersonation, and Sections 373 and 375 of the Criminal Code Act which criminalise the publication of defamatory material.
The magistrate declined jurisdiction over both the substantive charges and a bail application brought on the defendant's behalf, ruling that matters of this nature fell within the exclusive jurisdiction of the High Court. Ofoegbu was directed to approach the Anambra State High Court in Awka if he wished to apply for bail.
Case file forwarded for legal advice
The case file, along with all exhibits and court proceedings, has been ordered forwarded to the Director of Public Prosecutions for legal advice. The matter returns to court on July 27 for a compliance report.
The prosecution of Ofoegbu despite his retraction has drawn attention to questions around the limits of criminal liability in defamation cases under Nigerian law, and whether an apology can serve as a mitigating factor when the state decides to press charges regardless. No statement has been issued by Ofoegbu's legal team at the time of this report.
