An Anambra State High Court sitting in Nnewi, Anambra State, on Tuesday, sentenced a South African-based activist, Boniface Okonkwo, to 18 months in prison for defaming a businessman, Sir Emeka Offor.
The court, presided over by Justice Vincent Agbata, found Okonkwo guilty of posting defamatory content on the “Oraifite WhatsApp platform”, describing Offor’s meter manufacturing company as an “empty warehouse.”
Agbata, in his judgment, stated that the evidence presented was sufficient to convict the defendant.
The judge, however, offered Okonkwo an option of a N500,000 fine.
Okonkwo was arrested in January 2024 and detained following the complaint by Offor.
The prosecution presented evidence, including a phone call, allegedly made by the defendant in the courtroom, which linked him to the defamatory post through the Truecaller app as “overheat.”
Justice Agbata said it was 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, Kashim Shettima, visited the Oraifite community for a function where the subject matter in court originated.
The judge stated that trouble began when the defamatory publication surfaced two days later.
He noted that Okonkwo had 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 also relieved that the judge offered an option of a fine.
He said, “The defence did a good job because the prosecution case which my Lord failed to go into, the person who 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 did not 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 has given his judgment. We as lawyers have done our part and will decide on the next step to take.
“We will retire to our table and analyse the judgment. But certainly I am not satisfied about the judgment because I did not expect it. My only happiness is that even though he has convicted him, but he gave him option of fine.”
