The Federal High Court in Abuja has again adjourned the bail hearing of Lagos-based journalist Friday Alefia, imposing a N50,000 fine on the prosecution for failing to properly serve its counter-affidavit opposing the bail request.
Mr Alefia’s lawyer, Abida Opah, told PREMIUM TIMES on Tuesday via a phone call that proceedings were stalled for the second time on Monday after the prosecution failed to serve the defence with its response to the bail application.
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At the previous sitting on 12 November, the defence could not move its bail application because the prosecution had not been served, and the court’s file contained no copy of the application.
A similar situation occurred on Monday, when the prosecution filed a counter-affidavit opposing bail but failed to serve the defence and also did not provide the court with its own copy.
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The prosecution only attempted service inside the courtroom, but even then the judge had no record of the filing.
“Because neither the court nor the defence had the counter-affidavit, we could not proceed,” Mr Opah said.
The judge Obiora Egwuatu consequently adjourned the matter till Thursday for the bail hearing and imposed the N50,000 cost on the prosecution for what the defence described as an avoidable delay.
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Mr Alefia, who remains in custody despite being sick, is expected back in court when the court will hear both the bail application and the prosecution’s arguments.
Mr Alefia was arrested in Lagos on 23 September and transferred to Abuja, where he was held for six weeks at the now-defunct SARS facility before being arraigned.
He is accused of publishing allegedly false reports about Chinedu Ogah, a member of the House of Representatives representing Ezza South/Ikwo Federal Constituency in Ebonyi State.
He faces five counts under the Cybercrimes (Prohibition and Prevention) Amendment Act. He is the publisher of Naija News Today (formerly Asiwaju Media).
The Commissioner of Police is listed as the complainant, with Mr Alefia as the first defendant and Asiwaju Media Company Ltd as the second defendant.
Rights groups have repeatedly criticised Nigerian authorities for using cybercrime laws to target journalists and critics.
Arraignment
At the arraignment, the prosecution informed the court that the matter was scheduled for the defendant’s plea.
Mr Alefia pleaded not guilty to all charges, while the judge entered a not-guilty plea on behalf of the second defendant.
The prosecution then requested a hearing date. However, defence counsel Abida Opah drew the court’s attention to a pending bail application.
Mr Egwuatu noted that the court’s file contained no such application, and the prosecution also claimed it had not been served.
Mr Opah, holding brief for the lead counsel, urged the court to grant a short adjournment.
He said the defendant had been in custody for two months and that the prosecution was not opposed to bail. The judge declined, saying he could not consider an unseen application.
He initially adjourned the trial to 27 January 2026 and remanded Mr Alefia at Kuje Correctional Centre, before the defence successfully sought an earlier date for the bail hearing—now fixed for 27 November.
Count one accused the defendants of conspiracy, for allegedly using computer systems, including social media platforms such as Facebook, to make false publications.
Count two alleges the defendants published a report titled “How Federal Lawmaker Ogah Snatches Village Land in Ebonyi”, knowing it to be false.
In count three, Mr Alefia is accused of cyberstalking for allegedly posting a false statement on Facebook in which Mr Ogah was quoted as saying: “I rigged senatorial poll against Emmanuel Onwe.”
Count four relates to the publication titled “Ebonyi Rep Member Returns N4 Million Amidst Extortion Allegations”, which the police say is also false.
Count five concerns another allegedly false report titled “Ebonyi Rep Member Threatens Constituent for Supporting Charity Foundation.”
All offences are said to violate Section 24(2)(a) of the Cybercrimes Act and are punishable under Section 24(2)(c)(i).
Mr Alefia now joins a growing list of Nigerians facing trial under the controversial cybercrime law.
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