Federal High Court Abuja: Daniel Ojukwu Remanded on Cyberstalking Charges

• FIJ journalist Daniel Ojukwu was remanded at Kuje Correctional Centre by the Federal High Court in Abuja on cyberstalking charges.
• The charges stem from investigative reports Ojukwu published about former presidential aide Adejoke Orelope-Adefulire.
• Justice Joyce Abdulmalik ordered the remand until December 1, 2026, for a bail application hearing, after Ojukwu pleaded not guilty to 12 counts.
• The case, 'Inspector General of Police vs Daniel Ojukwu & Anor,' alleges violations of Sections 27(b) and 24(2)(a) of the Cybercrimes Act 2015.
• This remand follows a previous incident two years ago where Ojukwu was abducted for ten days by police over the same stories.

The ongoing legal battle involving Daniel Ojukwu and the FIJ, centered on cyberstalking charges related to Adejoke Orelope-Adefulire investigative reports, exemplifies the significant legal risks faced by journalists and media organizations in Nigeria under the Cybercrimes Act, particularly concerning investigative reporting on public figures.

Daniel Ojukwu, a correspondent for the Foundation for Investigative Journalism (FIJ), has been ordered to be held at the Kuje Correctional Centre in Abuja. The Federal High Court issued the remand order following his arraignment on cyberstalking charges stemming from investigative reports he authored concerning Adejoke Orelope-Adefulire, a former presidential aide. Justice Joyce Abdulmalik presided over the proceedings, where Ojukwu entered a plea of not guilty to the 12-count charge.

The court's directive mandates Ojukwu's detention until December 1, 2026, when his application for bail is scheduled to be heard. The charges, which are dated December 19, 2024, allege various cybercrime offenses. The case, officially designated 'Inspector General of Police vs Daniel Ojukwu & Anor,' lists former Inspector-General of Police, Kayode Egbetokun, as the complainant, with Ojukwu and FIJ Founder, Fisayo Soyombo, named as defendants.

During the court session, the prosecution, represented by Kunle Lawal, Tolulope Osho, Grace Baiyeshea, and Marvelous Orji, requested Ojukwu's remand after his not-guilty plea. Ojukwu's defense team, comprising Atanda Kayode, Ayo Oluseye, Olaoluwa Ariyo, and MBI Amosun, brought attention to a pending bail application. However, the court declined to hear it, noting that it had been filed only on Monday and was not yet ready for consideration. Ayotunde Ogunleye, SAN, was also present but did not formally appear.

The charges against Daniel Ojukwu and Fisayo Soyombo are detailed in a charge sheet marked FHC/ABJ/CR/486/2024. Prosecutors contend that Ojukwu's investigative reports caused Orelope-Adefulire to experience "fear of death." The first count alleges that Ojukwu, aged 25, and Soyombo, aged 39, between 2023 and 2024, in Nigeria, aided, abetted, conspired, counseled, or procured others to commit cyberstalking. This conduct is deemed punishable under Section 27(b) of the Cybercrimes (Prohibition and Prevention etc.) Act 2015 (as amended) 2024.

The second count specifically cites an incident on November 7, 2023. It claims that Ojukwu and Soyombo knowingly or intentionally transmitted or caused the transmission of communication through a computer system or network on the FIJ website, www.fij.ng. The communication in question was titled: 'Special Report: 2 Weeks Before End of Buhari’s Tenure, Special Assistant, Adefulire Paid a Restaurant N17.1m to Build Classrooms in Lagos. A Lot Was Amiss.' This transmission is alleged to have bullied, threatened, or harassed Princess Adejoke O. Adefulire, thereby placing her in fear of death, violence, or bodily harm, an offense punishable under Section 24(2)(a) of the Cybercrimes (Prohibition and Prevention etc.) Act 2015 (as amended) 2024, among other counts.

Separately, the prosecution sought a bench warrant for Fisayo Soyombo, asserting that he was at large. However, the court rejected this application, explaining that since the second defendant had never been brought before the court, it lacked the authority to issue a warrant compelling his attendance.

This recent remand order for Daniel Ojukwu carries significant weight, particularly given a prior incident two years ago when Ojukwu was reportedly abducted for ten days by officers of the Nigeria Police Force, also in connection with the same investigative reports. The repeated legal actions and the use of cybercrime legislation against a journalist for his work underscore the challenging environment for media practitioners in Nigeria.

The case highlights the potential for broad interpretations of cybercrime laws, specifically the Cybercrimes Act 2015, to be applied to investigative reporting. The charges, particularly those alleging that reports caused a public figure to fear for her life, raise concerns about the scope of journalistic freedom and the risks associated with scrutinizing public officials. The pre-trial detention of a journalist, even before a bail application can be fully heard, sends a chilling message to those engaged in uncovering alleged malfeasance.

The ongoing legal battle involving Daniel Ojukwu and the FIJ, centered on cyberstalking charges related to Adejoke Orelope-Adefulire investigative reports, exemplifies the significant legal risks faced by journalists and media organizations in Nigeria under the Cybercrimes Act, particularly concerning investigative reporting on public figures.

This case highlights the significant legal risks faced by journalists and media organizations in Nigeria under the Cybercrimes Act, particularly concerning investigative reporting on public figures. Lawyers advising media clients or individuals engaged in online expression must be vigilant about the broad interpretation of cyberstalking provisions and the potential for pre-trial detention, emphasizing the need for robust compliance checks and defense strategies against such charges.

Source: Original reporting via PUNCH Online