Defamation: S’African activist bags 18months jail after 299 days incarceration

By Cyprian Ebele, Onitsha

A South African activist, Bonny Okonkwo has been sentenced to 18months imprisonment by an Nnewi High Court over alleged character defamation.

The accused who had been in detention for barely 10 months was however given an option of N500,000 fine.

Okonkwo’s traival dated back in January 3 2024 when he was arrested and detained following a complaint by a businessman, Sir Emeka Offor of alleged defamation on a WhatsApp platform for their Oraifite town.

The prosecution had earlier presented evidence, including a phone call allegedly made by Okonkwo in the courtroom, which linked him to the defamatory post through the Truecaller app as OVERHEAT.

Delivering the judgment on Tuesday, Justice Vincent Agbata stated that the evidence presented was sufficient to convict him, adding that the charges would run concurrently.

He said it was common ground that Offor and Boniface are from Oraifite and belong to the same Oraifite WhatsApp group, with no dispute about it.

“It was also a common ground that VIPs, including Nigeria’s Vice President and others visited the Oraifite community for a function where the subject matter in court originated,” he added.

The judge however explained that trouble began when the defamatory publication surfaced two days later.

He noted that Okonkwo earlier defended himself through his counsel based on justification and fair comment, only to later deny the defamatory publication entirely.

Reacting to the judgment, the defence counsel, Sébastien Okonkwo described the ruling as unsatisfactory.

He said while he was unhappy with the outcome, he was however relieved that the judge offered an option of a fine.

He said, “The defense did a good job because the prosecution case which my Lord failed to go into, the person that owns the radio station and the meter factory said to be defamed was not Emeka Offor, but corporate bodies mentioned by the Director of the radio station.

“He didn’t narrow the issue as to whether the defendant is the maker of the alleged defamatory statement.

“But in any case, my Lord is an experienced Judge and he’s given his judgment. We as lawyers have done our own part and will decide on the next step to take.

“We retire to our table and analyze the judgment. But certainly I’m not satisfied about the judgment because I didn’t expect it.

“My only happiness is that even though he has convicted him, he gave him the option of fine.”