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By Correspondent in Abuja.
The legal battle over an online review of Erisco Foods Limited’s tomato paste took a dramatic turn on Thursday as Mrs. Chioma Okoli told a Federal High Court in Abuja that she has no case to answer.
Okoli, who is facing charges over her Facebook commentary on Erisco’s Nagiko Tomato Mix, made a no-case submission after the prosecution closed its case.
Her lawyer, Mr. Inibehe Effiong, informed Justice Peter Lifu that the prosecution had failed to establish sufficient evidence to warrant the defendant opening her defence.
The prosecution counsel, Mr. Adam Ugwuanyi, had called two witnesses before closing the case.
Justice Lifu subsequently adjourned proceedings until March 31 for the adoption of written addresses on the no-case submission.
The development followed the cross-examination of the second prosecution witness (PW-2), SP Joel Nimfa, an officer attached to the Inspector-General of Police Monitoring Unit at the Force Headquarters.
During his evidence-in-chief, Nimfa told the court that he led the investigative team after a petition by Erisco Foods Ltd was assigned to his unit, adding that he said he personally led the team to Lagos, where Okoli was arrested.
However, under cross-examination, Effiong questioned the depth and outcome of the investigation.
Referring to the petition before the court, the defence counsel asked whether the police found evidence that Okoli was part of an organised criminal syndicate allegedly involved in faking Erisco products.
“In your investigation, you did not find evidence that she faked the products of Erisco?” Effiong asked.“No, we did find evidence,” the witness responded.
Pressed further on where the alleged fake products were kept, Nimfa replied that Okoli “could not produce any and that is why they are fake.”
When asked whether any of the purported fake products were tendered before the court as exhibits, the witness answered in the negative.
Effiong also drew attention to claims in the petition that Okoli worked with unnamed manufacturers and producers of substandard products to undermine Erisco Foods Ltd.
The witness admitted that the police could not identify any such manufacturers or producers.
Similarly, allegations that Okoli had attempted to extor the company before making her post were not substantiated during the investigation.
“It is also correct that you did not find any evidence that she demanded any money from Erisco Foods Ltd?” Effiong asked.“Yes,” the witness confirmed.
Following the conclusion of cross-examination, the prosecution announced it was closing its case.
Our correspondent recalls that Okoli was arraigned on May 28, 2024, on a two-count charge bordering on alleged violations of the Cybercrime Act, 2015.
She was granted bail on May 31, 2024, in the sum of N5 million with two sureties after spending a few days in a correctional facility.
The charges stem from a Facebook post she made on September 17, 2023, in which she was said to have stated that she purchased Nagiko Tomato Mix from Erisco Foods and found it “utterly sugary.”
She noted that she usually buys Gino or Sonia brands but opted for Nagiko due to stock shortages.
The post triggered widespread reactions on social media and prompted Erisco Foods Ltd to petition the Inspector-General of Police.
The controversy also led to regulatory scrutiny, with the National Agency for Food and Drug Administration and Control (NAFDAC) conducting an inspection of the product’s registration.
Although Justice Lifu had earlier advised the parties to explore an out-of-court settlement, the suggestion was declined, leaving the court to determine whether the prosecution has established a prima facie case against the defendant.
Edited by Dada Ahmed.
