The police on Thursday arraigned the publicity secretary of the People’s Democratic Party (PDP), Ebonyi State, Nwoba Chika Nwoba before a magistrate court in Abakaliki.
The police accused Nwoba of publishing materials on his Facebook handle against a member representing Ikwo/Ezza South federal constituency in the House of Representatives, Chinedu Ogah.
Recall that on Wednesday, Nwoba was arraigned and remanded for publishing materials on his Facebook page against the state government which the police said was punishable under section 516 A (a) of the Criminal Code Cap 33 Vol. 1 Laws of the state, 2009 and Section 5 (1) (a) of the state Cybercrimes(Prohibition) Law No.012 of 2021.
Nwoba was arraigned on a six-count charge bothering on false news with intent to cause fear and alarm to the public.
According to the charges, the publicity secretary of the PDP in his Facebook posts allegedly described Chinedu Ogah as insignificant and unfit to be a House of Representatives member.
He also allegedly described the lawmaker as greedy, corrupt, terrorist, land grabber, deceiver, timid, and non-achiever, a description that is causing annoyance, inconvenience, and an insult to the federal lawmaker.
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After the six-count charge were read to the defendant, his counsel, Luke Nkwegu urged the court to strike out the charges against him. The defence counsel argued that the charges were brought against Nwoba by the police in bad faith to keep him behind bars.
Nkwegu argued that the Cybercrimes Prohibition Law of the state upon which Nwoba was being tried, was not gazetted and that ungazetted law was not a law and prayed the court to grant the defendant bail.
But the police prosecutor, ASP Mathias Eze opposed Nkwegu and urged the court to remand Nwoba.
“We submit that the validity of a law enacted by an act of parliament, however, it may be is determined by the assent of the governor or president”, he told the court.
In her ruling, the trial magistrate, Blessing Chukwu said the court lacks the jurisdiction to entertain the matter and ordered that the defendant be remanded in police custody.
She ordered that the case file be transmitted to the state attorney-general office, department of police prosecution, and adjourned the matter to February 4.
