On Tuesday, an Anambra State High Court in Nnewi sentenced Boniface Okonkwo, a South African activist, to 18 months in prison for defaming a businessman, Sir Emeka Offor.
The court, presided over by Justice Vincent Agbata, found Okonkwo guilty of uploading defamatory content on the “Oraifite WhatsApp platform,” referring to Offor’s meter manufacturing company as “empty warehouse.”
In his ruling, Agbata concluded that the evidence given was adequate to convict the defendant.
However, the judge allowed Okonkwo the option of paying a N500,000 fine.
Okonkwo was arrested in January 2024 and held following Offor’s allegation.
The prosecution submitted evidence, including a phone conversation purportedly made by the defendant in court that linked him to the defamatory post using the Truecaller app as “overheat.”
Justice Agbata stated unequivocally that Offor and Boniface are Oraifite residents and members of the same Oraifite WhatsApp group.
He further stated that it was typical for VIPs, including Nigeria’s Vice President, Kashim Shettima, to visit the Oraifite community for an event related to the subject matter in court.
The judge ruled that the trouble started when the defamatory article surfaced two days later.
He noted that Okonkwo had previously defended himself through his lawyers using explanation and fair comment, only to later reject the defamatory publication totally.
In response to the decision, defence counsel S.I. Okonkwo had mixed views, saying that while he was disappointed with the outcome, he was also relieved that the judge gave the 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.”