Defamation: Court finds 2 guilty over false reports

A magistrate’s court sitting in Ilorin, Kwara state, has sentenced two people, Gidado Shuaib and Olufemi Alfred, to a fine of N100, 000.00 each or three months in prison over alleged conspiracy and defamation.

The convicts were arraigned in court on a First Information Report in November 2019 for offences of criminal conspiracy and defamation contrary to Sections 97 and 392 of the Penal Code Law.

Their arraignment followed a petition written against them by Hillcrest Agro- Allied Industries Limited located at Kilometre 4, Ajase -Ipo road, Amberi village, Kwara state, over a published article in News Digest titled “Inside Kwara factory where Indian hemp is legalised.”

The article, according to the petitioner, portrayed the company, which is into rice production as a place where Indian hemp and hard drugs were being taken freely by workers. 

The company, Hillcrest Agro- Allied Industries Limited, had told the court that the article in the online publication had caused the company and the petitioner huge financial and reputational damages.

The petitioner had told the court that as a result of the article published in the online publication (News Digest) in June 2018, the company was denied a loan facility to the tune of $10,000,000.000 by funding partner in the United Arab Emirates called Arab Group and equally lost a deposit sum of $250, 000.00

Delivering judgement, Magistrate A S Muhammad held that, “I have carefully  considered the evidence of PW1 (Shakirat Yusuf) on the character of the convicts as well as considered the Allocutus made by learned counsel to the convicts and I have equally reflected on the provisions of sections 316 and 417 of the Kwara state administration of criminal justice law, 2018. In compliance with the provisions under S.417 (2) (d) of the Kwara state ACJL, 2018, I shall not pass a maximum sentence on the convicts.

“Premised on the forgoing for the offence of conspiracy, I sentenced the 1st and 2nd convicts to a fine of N40, 000 only each or two months imprisonment in default of payment. 

“On defamation, the 1st and 2nd convicts are sentenced to a fine of N60, 000.00 only each or 3 months imprisonment in default of payment.”