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By Emmanuel Adeleke
A Magistrate Court sitting in Ilorin, Kwara State, has sentenced two online journalists, Gidado Shuaib and Olufemi Alfred, to three months imprisonment over a false publication about an agro-allied company in the state.
The journalists, who works with News Digest, an Ilorin-based online medium, were found guilty of criminal conspiracy and defamation by the court.
The convicts were arraigned in November 2019, over a publication, titled, “Inside a Kwara factory where Indian hemp is legalised,” which was published in 2018.
Their arraignment followed a petition written against them by Hillcrest Agro Allied Industries Limited, located in Ifelodun Local Government Area of the state.
The petitioner alleged that the article portrayed the company, which is into rice production as a place where Indian hemp was being smoked freely by workers.
During the trial, the company, Hillcrest Agro Allied Industries Limited, told the court that the article in the online publication had caused the company huge financial and reputational damage.
According to the petitioner, “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 million by the funding partner known as Arab Group in the United Arab Emirate and equally lost a deposit sum of $250,000.00.”
Delivering judgement on the matter after about five years of legal battle, the Magistrate, Mr A.S. Muhammad, said: “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 defendants to a fine of N40,000 only each or 2 months imprisonment in default of payment.
“On defamation, the 1st and 2nd convicts are sentenced to a fine of N60,000 only each or 3 months imprisonment in default of payment.
“For clarity, each of the convicts is to pay a fine of N100,000 only for the offences of conspiracy and defamation respectively, having been convicted in default of payment, the sentence shall run concurrently.
“Rights of Appeal exist within 30 days,”, the magistrate said.
Reacting, counsel to the journalists, Ibraheem Gambari Esq, insisted that the convicts have the right of appeal and that efforts are in top gear towards exercising that constitutional right.
Gambari stated that they were still studying the judgement and will do the needful as soon as possible.