A Federal High Court in Lagos has struck out two of the three counts of cybercrime charges brought against social media blogger,Mr. Chizorom Harrison Ofoegbu, popularly known as Ijele.
In a ruling delivered on Friday, the court also nullified the initial stringent bail conditions that had kept Ijele in prison.
Legal luminary, Mr. Femi Falana (SAN), had filed a preliminary objection challenging the validity of his trial for alleged cybercrime offences. The charges were brought against him by the police on behalf of Evangelist Ebuka Obi, the leader of the Zion Prayer Ministry Movement Outreach.
The court also ordered the correctional service to immediately release his medical records to his lawyers.
Ijele had challenged the jurisdiction of a Federal High Court in Lagos to determine its cybercrime and criminal defamation case.
Ijele, through his team of lawyers led by Mr Femi Falana (SAN) in a Notice of Preliminary Objection dated June 28, 2024, urged the court to strike out the case.
The case was filed by the Inspector General of Police as the Complainant/Respondent.
The Notice filed by his lawyers reads, “TAKE NOTICE that the Defendant/Applicant is challenging the jurisdiction of this Honourable Court on the following grounds: Count 1 of the charge alleges conspiracy is illegal as the Defendant cannot conspire against himself.”
“Count 2 of the amended Charge is illegal and unconstitutional because: A) The National Assembly lacks the vires to enact laws on phonographic. materials. B) It is based on the Cybercrime Act 2015.”
“Count 3 alleges offences that fall within the jurisdiction of the state High Court.”
The notice asked “whether this Honourable Court has jurisdiction to entertain this charge, as presently couched”.
In its arguments, Falana and Co. submitted that “this Honourable Court lacks the jurisdiction to entertain this amended charge.”
In June, Deji Adeyanju & Partners, through one of their lawyers, Silas Onwugbonu, Esq., raised the alarm over his deteriorating health condition.
The lawyers in a public statement dated June 24, 2024, lamented that the influencer’s health condition had worsened to the point of coughing up blood.
In the public statement, the law firm states, “We wish to draw the attention of the general public to the deteriorating health condition of our client, Mr. Chizorom Harrison Ofoegbu (IJELE), who has been detained since March 19, 2024, at the instance of the Nigeria Police Force, on a purely civil dispute.”
“A few days ago, our attention was drawn to the fact that our client, who is currently detained at the Nigeria Correctional Centre (NCC), Ikoyi, Lagos State, is gravely ill.”
“As at the time of issuing this public statement, our client’s health condition has deteriorated to the point of coughing up blood, with no medical facilities available to restore his health within the NCC, Ikoyi.”
“It will be recalled that in furtherance of its desire to perpetually keep our client in detention, the Nigeria Police Force has filed three pending identical charges FHC/ABJ/CR/159/2024; Inspector General Of Police V Chizorom Harris Ofoegbu: FHC/L/312C/2924; Inspector General Of Police V Chizorom Harris Ofoegbu and FHC/AWK/CR/2024: Inspector General Of Police V Chukwuka Chizorom Ofoegbu, against our client, at the Federal High Court, Abuja, Lagos and Awka, all at the instance of the same coalition of nominal complainants, and for the same alleged civil dispute.”
The law firm recalled that Ijele was granted bail by a Federal High Court in Lagos on June 14 but added that it was frustrated by the police.
It said, “On June 14, 2024, the Federal High Court, sitting in Lagos, granted our client bail, following the spirited legal intervention of our revered Learned Silks Femi Falana, SAN, and Funmi Falana, SAN.”
“However, in order to frustrate the bail granted to our client, officers of the Nigeria Police Force immediately went to NSC Ikoyi, and attempted to forcefully transfer him to Awka, Anambra state, on the basis of an alleged criminal summons.”
“It is on this note that we are constrained to state that the action of the Nigeria Police Force against our client has moved beyond criminal prosecution to persecution. The Nigeria Police Force must refrain from making itself available as an interventionist in civil disputes between citizens.”
“As our client’s health continue to deteriorate by the hour, we call on the Inspector General of Police to direct its officers to respect court orders and desist from further persecution of our client, who enjoys constitutional presumption of innocence. A dead defendant cannot stand trial,” it added.
Ijele was granted bail on June 14 in a ruling delivered by the trial judge, Justice Akintayo Aluko.
The court mandated Ijele to provide N50 million bail bond with two sureties, adding that one of the sureties must own a landed property in Lagos while the civil service cadre of other one must not be lower than level 14.
