Erisco Tomato: Chief Magistrate demoted Over Remand of Chioma Okoli 

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The Nasarawa State Judicial Commission has demoted Chief Magistrate Emmanuel Jatau for misconduct in the case involving Chioma Okoli and the Nigeria Police Force (NPF).

Magistrate Jatau has been reduced from Chief Magistrate II to Senior Magistrate I, according to a letter dated January 6, 2025, addressed to Okoli’s counsel, human rights activist Inibehe Effiong.

The letter, signed by the Commission’s Secretary, Yahaya Shafa, confirmed the decision: “Consequently, I have been directed by the Hon. Chief Judge of Nasarawa State and Chairman of the Judicial Service Commission to inform you that Hon. Emmanuel A. Jatau has been demoted by a grade level lower than his current grade level, from Chief Magistrate II on GL 15 to Senior Magistrate I on GL 14 and stripped of his magisterial duties,” the letter stated.

The controversy stems from a case involving Chioma Okoli, who, on September 17, 2023, posted on Facebook alleging that Nagiko Tomato Mix, one of Erisco Foods Limited’s tomato paste variants, was excessively sugary. Erisco Foods disputed her claims, deeming them false.

Following the post, Okoli was arrested by the police after a petition from the company’s President and CEO, Eric Umeofia. The arrest, based on an order from a magistrate court in Masaka, Nasarawa, sparked outrage on social media, with many Nigerians calling for Okoli’s release.

The police had secured an arrest warrant and a remand order for Okoli, who was later arraigned at the Federal High Court in Abuja on charges of conspiracy and cyberstalking. She pleaded not guilty to the two charges. Okoli was initially remanded at the Suleja Correctional Centre but later granted bail. During the legal battle, she suffered a miscarriage.

Effiong, who represented Okoli, was displeased with the remand order and petitioned the Nasarawa State Judicial Commission. In his petition, Effiong argued that it was improper for a magistrate to issue arrest and remand warrants for a defendant who was neither residing in Nasarawa nor had ever visited the state. The lawyer also pointed out that the alleged offences did not take place in Nasarawa State.

“We submit respectfully that a Magistrate Court has no jurisdiction to make any order or issue any warrant whatsoever for the allegations levied against the Defendant, which are related to offences allegedly committed under the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015,” Effiong wrote.

He further stated, “Cybercrime is not only a federal offence but one for which the law grants exclusive jurisdiction to the Federal High Court for both the trial of offenders and pre-trial investigative actions.”

Effiong called for the investigation and sanctioning of Magistrate Jatau for his role in what he termed the “desecration of the judicial process,” and urged for further action against any other officials found culpable.