By Inibehe Effiong
Press Release
Our attention has been drawn to a prejudicial and utterly baseless press release issued by the Force PRO, ACP Olumuyiwa Adejobi on the Erisco Tomatoes matter.
In his press release, the Force PRO stated that the police is committed to “upholding the rule of law in the Erisco Tomatoes matter.” This is laughable because every action taken so far in this matter shows blatant disregard for the rule of law.
For example, it is on record that policemen who claimed to be acting under the orders of the Inspector General of Police illegally invaded the home of our client on 9th January, 2024 and laid siege to her home for over 10 hours in their attempt to rearrest her, in violation of the subsisting restraining order of the Federal High Court that our client must not be rearrested except on the express order of a court of competent jurisdiction.
The Force PRO also insinuated that the crowdfunding by spirited Nigerians to support Chioma’s legal pursuits is aimed at “influencing legal proceedings.” We are unable to make sense of this particular statement as it is neither coherent nor reasonable.
It is preposterous for the Force PRO to insinuate that crowdfunding can influence legal proceedings. He failed to state exactly how this is possible or how it affects Chioma’s case. If the Force PRO is interested in getting a share of the funds contributed by concerned Nigerians to support Chioma, he should come out plainly and say so instead of indulging in embarrassing prevarication.
ACP Adejobi also asserted that “preliminary investigation unearthed compelling evidence indicating Mrs. Chioma’s alleged role in the violation of extant laws”. We consider this statement prejudicial to a fair trial.
Since the police has filed a charge in court, they should allow the court to determine the case instead of engaging in media trial. It is curious that the Force PRO has chosen to keep the so-called “compelling evidence” only in his head. He should extract it from his head and present it before the court. We cannot comment on fiction.
By Section 36(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Chioma is presumed innocent until proven guilty.
We are equally taken aback by the barefaced falsehood propagated by the Force PRO to the effect that Chioma had jumped bail. This is offensive and we may be forced to sue ACP Adejobi for that defamatory statement. Chioma is not on the run and has never jumped bail.
The fact of the matter is that since the Police filed their charge against her, they refused or failed to serve her with a copy of the charge. Chioma has also not been served with a trial notice or summons from the court. Before rushing to the media to scandalize our client, the Force PRO should have sought legal advice on the extant legal procedures.
Under the Administration of Criminal Justice Act, 2015, a defendant who is not in custody must be served with a copy of the charge along proof of evidence and notice of trial. These are preconditions to the appearance of the defendant in court.
The last two times that the charge came up in court, the police prosecutor admitted that they were yet to serve Chioma with a copy of the charge and pleaded for more time. We waited for them to do so but they didn’t. We proceeded on our own to apply for and obtain the certified true copy of the charge to save the time of the Court. We did this to demonstrate that Chioma is ready and very willing to stand trial and has nothing to fear.
It is sad that rather than commend us for going on our own to obtain the charge instead of waiting till whenever the police decides to serve Chioma, the Force PRO has decided to peddle a false and malicious narrative for reasons best known to him.
We urge ACP Adejobi to desist from propaganda and imbibe responsible policing attributes.
INIBEHE EFFIONG, ESQ.
(Lead Counsel to Chioma Okoli).
7th March, 2024.
