By Jonathan Ugbal
The prosecution on Tuesday closed its cyber stalking case against Nigerian Journalist and activist, Citizen Agba Jalingo in the criminal suit instigated by Mrs. Elizabeth Alami Ayade, wife of Frank Ayade who is the younger brother to a former Governor of Cross River State, Senator Ben Ayade.
The journalist is facing a two-count charge bordering on cyber stalking intended to cause, “annoyance, ill will and insult,” on the person of Mrs. Ayade, in suit number FHC/ABJ/CR/565/2022. He was initially arraigned before Justice Zainab Abubakar and now before Justice Joyce Abdulmalik of the Abuja Division of the Federal High Court.
He is alleged to have committed an offense punishable by Section 24 (1)b of the Cybercrimes (Prohibition, Prevention, Etc) Act 2015.
On Tuesday, upon resumption of trial, the prosecution’s third and final witness, Chinonso Mmuozoba Esq was called for his testimony, led by the prosecution counsel, Fidelis Ogbobe Esq and was cross examined by the defense counsel, F. Baba Isa Esq.
Mr. Mmuozoba served as the coordinator of the Bar resit examination of May 2022 when the alleged incident that led to Citizen Jalingo’s arrest occurred; and as Director of Academics in the Nigerian Law School.
It is the second time he, and Mrs. Ayade have testified in the case as it began De Novo before Justice Abdulmalik in January 2024. Only a Police Officer, an Assistant Superintendent of Police, Danbaba Alura who led the team that arrested Citizen Jalingo testified fresh.
Read More: Bar Exam Scandal: Witness Drops Bombshell In Ayade-Jalingo Case
While in Court, Mr. Mmuozoba did not answer several questions directly which forced the Court to direct Mr. Ogbobe to counsel his witness to answer as the Court was relying on the long handwriting of the Judge following a collapse of the stenography system that records proceedings.
And, upon conclusion of the cross examination, Mr. Ogbobe applied for the witness to be discharged which the Court granted and the prosecution closed its case.
The defense counsel then informed the Court of their intent to file a no case submission as they are convinced that the prosecution failed to prove their case before the Court.
The trial was then adjourned until June 11th for the defendant to argue and adopt his no case submission.
The Criminal And Civil Case So Far
Mrs. Ayade who was in Court on Tuesday, had in July 2022, through her lawyer, Uyi Frank Obayagbona Esq wrote Mr. Jalingo seeking a retraction of a post he made on Facebook asking why Paschal Aboh, a suspended lecturer in the University of Calabar was facing prosecution for impersonation while the person he allegedly wrote for, (Ayade) was walking free.
Mrs. Ayade had initially denied being the one Mr. Aboh was writing for, before her letter to Citizen Jalingo seeking an apology to be published in two national dailies, including, but not limited to Facebook, Instagram, and Cross River Watch (not CrossRiverWatch) as well as NGN500 million in damages. He was given fourteen days to comply otherwise legal proceedings will be instituted against him.
Mrs. Ayade will later abandon, at first instance, the threat of civil proceedings and petition the Commissioner of Police in charge of the Federal Capital Territory, FCT over the same issue.
Read Also: Gov. Ben Ayade’s In-Law Responsible For Jalingo’s Arrest, Attempted Kidnap Of CrossRiverWatch Staff
Acting on the petition as stated by ASP Danbaba in his testimony in Court, the FCT Command of the Nigerian Police on August 19, 2022, stormed the Ogudu, in Lagos State residence of Citizen Jalingo, and arrested him, several hours after holding his wife and daughter hostage.
He was subsequently detained at the Alapere police station and later, at Area F Command in Ikeja before he was flown to Abuja the next day where it was revealed that Mrs. Ayade had abandoned the civil approach and rather petitioned him for allegedly defaming her character.
He was released later that night and when asked to return two days later on August 22nd, was asked to go back to Lagos since Mrs. Ayade failed to show up.
He pleaded not guilty when arraigned and was remanded at the Medium Security Custodial Center in Kuje for three days before he was admitted to bail and was released four days later after fulfilling the conditions.
But, news had filtered in, in January 2023, that the Police abandoned the cyber stalking case and that Mrs. Alami had opted to sue Citizen Jalingo for alleged defamation.
This was confirmed when the summons of a civil proceedings filed in September 2022 at the Abuja judicial division of the High Court of the FCT, were served vide substituted means at the gate of Hit 95.9 FM Calabar where Mr. Jalingo is not a staff.
Mr. Jalingo and three others are listed as defendants in the suit number FCT/HC/CV/3303/2022 presided over by Justice Abubakar Baba Shani of Court 29, Apo Resettlement, with two witnesses called by the claimant so far.
Leave feedback about this