The Federal High Court in Lagos has discharged and acquitted Ikorodu-based chieftain of the All Progressives Congress (APC) and owner of Western Funeral Home, Ijede, Oluwatosin Onamade, of cybercrime charge.
The charge followed a complaint by the former chairman of Ijede LCDA, Fatiu Jimoh Salisu.
Justice Olayinka Faji acquitted Onamade of two counts of cybercrime.
Salisu had accused Onamade of being the mastermind of the murder of Godfrey Ifeanyi, a staff of Western Funeral Home in 2021 in the build-up to the local government primary election.
Onamade was a contestant while Salisu sought a second term.
Ifeanyi was murdered after some thugs invaded Onamade’s office and attacked his staff.
Salisu claimed that Onamade committed cybercrime by circulating his name on various Whatsapp groups accusing him of being responsible for the murder of Ifeanyi thereby tarnishing his image.
He had also claimed Onamade granted a media interview where he mentioned his name as the sponsor of the attack.
He further claimed the allegation prevented him from getting his party’s ticket for a second term in office as council chairman which has affected his political career.
The charge reads: “That you, Oluwatosin Onamade ‘M’, sometime in May 2021 in Lagos within the jurisdiction of this Honorable Court did commit, an illegal act to wit; intentionally circulating a grossly offensive publication through your Facebook/Instagram handle which you knew to be false, to cause insult to one Hon. Fatiu Salisu, ljede LCDA Chairman by accusing him of the murder of late Tony Godfrey, you thereby committed an offence punishable under section 24 of the Cyber Crimes Act, 2015.”
Count Two reads: “ That you, Oluwatosin Onamade ‘M’, sometime in May 2021 in Lagos within the jurisdiction of this Honorable Court knowingly caused the transmission of communication through your WhatsApp to harass one Hon. Fatiu Salisu, Ijede LCDA Chairman by falsely alleging that he sponsored the attack at Western Funeral Home Limited office and murder of late Tony Godfrey, you thereby committed an offence punishable under section 24(2)(a) of the Cybercrimes Act, 2015.”
Prosecution counsel, Omotayo Olatubosun called two witnesses.
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The first witness, a Chief Superintendent of Police, Omaka Udodinma told the court that a petition was forwarded to his team for investigation by the then Inspector General of Police, from the office of former Minister of Interior, Rauf Aregbesola.
He said his team invited Salisu to explain the rationale behind the petition after which the investigating team proceeded to Lagos to arrest Onamade for questioning.
The witness said Onamade was asked to retract the statement accusing Salisu of being the attack’s mastermind or provide evidence backing his claim, adding that the team received a compact disc showing the defendant accusing the petitioner of his involvement in the incident.
He added that Onamade told the team that on the day of the attack, he saw Salisu in an unregistered Toyota RAV 4 Jeep in the company of the assailants who attacked him in his office.
He mentioned evidence provided by Onamade to the investigating team to include two Circuit Television, CCTV CDs containing footage of the attack, as well as a copy of a press release by a group, Concerned Residents of Ijede, claiming Salisu was not competent to contest in the election because of his alleged misgovernance in his first tenure.
Under cross-examination by the defendant’s counsel, Adedayo Osijo, Udodinma admitted that his team did not investigate all the suspects arrested in connection with the murder, namely Farouq Fasasi, Gbolahan Olubi, Owolabi Sadiq, Shittu Michael Olawale and Olayide Opeifa to ascertain if the allegations against Fatiu were true.
Osijo further asked the witness how his investigating team concluded that Onamade’s allegation against the petitioner was a defamation of his character since the team failed to investigate the suspects.
Salisu, who was the second witness, presented printed chats in a WhatsApp group where he claimed Onamade accused him of the offence.
In his argument before the court, Osijo said that the prosecution failed to provide concrete evidence that Onamade committed the offence of cybercrime and bullying. He thereafter filed a no-case submission.
In his submission, the counsel sought ‘an order of the court discharging the defendant.
The lawyer said: “The prosecution did not lead evidence to establish and/or show the existence of the essential elements of the alleged offence preferred against the defendant in Counts 1 and 2 of the charge dated 18th November 2021 neither did the prosecution lead evidence to link the defendant to the offence allegedly committed.”
He further noted in his submission that the evidence presented by the prosecution is so “manifestly unreliable that this Honourable Court cannot rely on it to convict the defendant,” adding that the prosecution has not shown that the defendant has any case to answer.
Osijo argued it would be in the interest of justice to grant this application and acquit Onamade of the charges.
Ruling, Justice Faji ruled that the prosecution failed to prove its allegations against Onamade.
The court noted that evidence presented by the prosecution did not show Onamade made such allegations and circulated them on Facebook, Instagram or Twitter (now X) as there was no evidence they were found on such social media platforms which would have supported the allegation of cybercrime.
It further noted that the alleged Whatsapp group chats did not show Onamade’s telephone number to suggest he was responsible for the circulation of the allegation.
The judge further ruled the first prosecution witness failed to conduct thorough investigations into the matter.
Justice Faji noted that the two counts carry a punishment of 10 and three years imprisonment each if convicted or a fine of N7 million and N25 million each respectively.