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Court grants bail to 6 members of Church of Christ docked for alleged cyber-stalking, defamation

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By Jude-Ken Ojinnaka

Six members of Church of Christ, were on Friday docked before Justice Ambrose Lewis Allagoa of a Federal High Court sitting in Lagos by the Police from the State Criminal Investigation Department (SCID) Panti, Yaba over alleged conspiracy, cyber-bullying and defamation of character.

The Church of Christ members arraigned before Justice Allagoa on a four counts charge are: James Agwu Udu, Kennedy Chukwuemeka, Enoch Richard Onyema, Samuel Abu, Francis Onah and Stephen Akpan. They are members of Isheri-Osun parish of the church,

When the matter was called for the defendants to take their plea, Nosa Walter Uhumwangho Esq. announced his appearance for prosecution, while Benjamin C. Nwafor Esq. and Ibunkunoluwa Olu-Jacobs, announced their appearance for the defendants and the nominal complainant respectively.

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Arraigning the defendants, the prosecutor, Uhumwangho, told the court that the six defendants and others now at large, committed the offences between September 10 and 15, 2023,

In the charge, the defendants and others at large, allegedly conspired among themselves and published a defamatory statement against Sunkanmi A. Vaughan a member of the church.

The court further heard that the defendants, did knowingly and unlawfully cause transmission of a communication via Whatsapp platform, which was transmitted to all members of “Church of Christ” and also forwarded to Mr. Sunkanmi A Vaughan via his whatsapp number, which was grossly offensive, false and for the purpose of causing annoyance, insult, injury, criminal intimidation, or needless anxiety, to the prejudice of Mr. Sunkanmi A. Vaughan and his entire family members.

According to the charge, the defendants’ alleged offences, contravened Sections 517 and 374 of the Criminal Code, Cap C38 Laws of the Federation of Nigeria, 2004 and punishable under Section 375 of the same Act.

Besides, the actions of defendants contravened Sections 27 and 24(1)(b)(2)(a)(i) of the Cybercrimes (prohibition, prevention, etc) Act, 2015.

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After listening to the charge preferred against them, the defendants pleaded not guilty to the charge.

Consequent upon their not guilty plea, the prosecutor requested for a trial date and as well urged the court to remand the defendants till the determination of the charges against them.

However counsel to the defendants, Benjamin Nwafor, applied orally for his clients bail, with the undertaking to produce them in court till when the charges against them are disposed off.

Nwafor told the court that his clients were previously arraigned before a Lagos magistrate court and they were religiously attending the court without default.

But defence counsel’s oral application for bail was opposed by the prosecutor.
However, the presiding judge, after taking arguments from counsel, granted bail to each of the defendants in the sum of N10 million with two sureties.

The judge ruled that the sureties must be landed property owners within the court’s jurisdiction.

Justice Lewis-Allagoa, while adjourning the matter to May 29, for commencement of trial, however released the defendants to Pastor of the church, Pastor Akanji Joshua Ayobami, till when they will meet the bail terms.

Count One of the amended charge Marked FHC/L/239c/2024 reads: “That you, James Agwu Udu ‘m’, Kennedy Chukwuemeka ‘m’, Enoch Richard Onyema ‘m’, Samuel Abu ‘m’, Francis Onah ‘m’, Stephen Akpan ‘m’ and others at large being members of Church of Christ on 10th day of September, 2023, in Lagos, within the jurisdiction of the Honourable Court, did conspire together to commit felony to wit: publishing defamatory matter and thereby committed an offence punishable under Section 517 of the Criminal Code, Cap C38 Laws of the Federation of Nigeria, 2004.”

The 4th count reads: “That you, James Agwu Udu ‘m’, Kennedy Chukwuemeka ‘m’, Enoch Richard Onyema ‘m’, Samuel Abu ‘m’, Francis Onah ‘m’‘, Stephen Akpan ‘m’ and others at large being members of Church of Christ, on the same date, time and place, in the aforesaid judicial division, did knowingly, illegally and unlawfully cause transmission of a communication via Whatsapp platform, which was transmitted to all members of “Church of Christ” and also forwarded to Mr. Sunkanmi A Vaughan via his whatsapp number, which is grossly offensive, false and for the purpose of causing annoyance, insult, injury, criminal intimidation, or needless anxiety, to the prejudice of Mr. Sunkanmi A. Vaughan and his entire family members and thereby committed an offence punishable under Section 24(1)(b)(2)(a)(i) of the Cybercrimes (prohibition, prevention, etc) Act, 2015 .

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