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South African-based Nigerian activist jailed for defaming Emeka Offor

An Anambra State High Court in Nnewi has sentenced Boniface Okonkwo, a South African-based Nigerian activist, to 18 months in prison for defamation against Sir Emeka Offor, Chairman of the Enugu Electricity Distribution Company (EEDC).

Justice Vincent Agbata presided over the court and found Okonkwo guilty of defamatory statements made on the Oraifite community WhatsApp platform, where both he and Offor are members.

The statement in question disparaged Offor’s meter manufacturing facility, describing it as an “empty warehouse.”

The judge offered Okonkwo an option to pay a fine of N500,000 in place of imprisonment. The charges stemmed from a complaint filed by Offor in January 2024, leading to Okonkwo’s initial arrest and detention. Key evidence presented by the prosecution included a phone call allegedly made by Okonkwo, which linked him to the defamatory post through a Truecaller identification.

Justice Agbata affirmed that the prosecution’s evidence was sufficient for conviction. He highlighted that both men are from Oraifite and belong to the same WhatsApp group. The case originated after a high-profile event in the community, which included a visit from Nigeria’s Vice President. Two days after the event, the alleged defamatory comments appeared.

Defense counsel S.I. Okonkwo expressed mixed feelings about the judgment. He acknowledged relief over the fine option but indicated dissatisfaction with the ruling. He argued that the prosecution failed to establish that Offor personally owned the meter factory or that Okonkwo authored the specific defamatory statement.

He said: “The defense did a good job because the prosecution case, which my Lord failed to go into, is that the entities allegedly defamed are corporate bodies, not directly Emeka Offor. My Lord gave his judgment, and while I am not satisfied, we will analyze the next steps, as there is room to contest this outcome. However, I appreciate that an option of fine was provided.”

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