Cyber offence: Kwara tabloid asks court to dismiss case for lack of jurisdiction

Mosunmola Ayobami, Ilorin

Mandate International Publications Nigeria Limited, publishers of National Pilot Newspapers, based in Ilorin, Kwara state Monday, asked a revenue court sitting in Ilorin to dismiss the case of a direct criminal complaint levelled against it and one of its reporters for lack of jurisdiction. 

The company asked the court to strike out the case for lack of locus standi by the complainant. 

The duo of Managing Director, National Pilot Newspapers, Alhaji Billy Adedamola and reporter Ahmed Ajikobi were arraigned before the revenue court in February 2024 following a direct criminal complaint levelled against them by one Olayinka Fafoluyi.

Fafoluyi had, in his direct complaint to the court, alleged “Offences of Criminal Conspiracy, Inciting  Public  Disturbance, Injurious Falsehood, Criminal  Defamation and Cyber Stalking, contrary to the provisions of Section 97, 114, 393 and 392 of Penal Code Law and Section 27 and 24 of Cyber Crimes (Prohibition and Prevention ETC)  Act 2015 “.

The petitioner referred to the paper’s online publications of May 15 and October 16 2023, as injurious to the Governor of Kwara state, Mallam AbdulRahman AbdulRazaq and his family. 

At the resumed hearing of the case on Monday, counsel to the 1st and 2nd respondents, Mohammed Abdullahi, while arguing on a notice of preliminary objection filed before the court, dated 15th January 2024, prayed “the court to refuse to hear the direct criminal complaint for being civil by its contents and filled without due process “.

Abdullahi also prayed the court to decline “jurisdiction to entertain the case for lack of jurisdiction.

Making further submissions, the respondent’s counsel told the court that the complainant had filed a counter affidavit a few hours before the court sitting on Monday morning but prayed the court to discountenance it for being “so watery, devoid of any substance with the issue at hand “.

Citing paragraph 4.14 of the counter affidavit filed by the complainant,  the respondent’s counsel told the court that the paragraph “was so injurious to the case of the complainant and supported more our application on the ground,”  for which he urged the court to bring the case to an end.

Corroborating the counsel submission, O.M Owonishola, who also appeared for Mandate publication, cited paragraph 4.3 of the counter affidavit and said the complainant’s submission was “misleading” as the case was not brought under the relevant provisions of the law. 

After listening to the submission of counsel in the matter, the Presiding Judge, Chief Magistrate Shade Lawal, adjourned the matter till April 15 to rule on whether the court has jurisdiction to entertain the matter.