The Nigeria Police Force in Akwa Ibom State has arrested the Publicity Secretary of the Peoples Democratic Party (PDP) in the state, Ewa Okpo, over allegations of criminal defamation, cyberstalking and related offences arising from his social media posts.
The police said Mr Okpo was arrested following a petition submitted on 17 June by former senator Effiong Bob, who accused the PDP spokesperson of making false and defamatory statements capable of damaging his reputation.
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In a statement on its Facebook page on Tuesday, the police spokesperson in Akwa Ibom, Timfon John, a deputy superintendent of police, said Mr Okpo was arrested lawfully and was assisting investigators.
While acknowledging that the Constitution guarantees freedom of expression, the police warned that such rights do not extend to criminal conduct.
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“Social media is not a sanctuary for criminality,” the statement said.
The police warned that individuals who publish false information, engage in cyberstalking, criminal defamation, cyberbullying or blackmail online risk prosecution, adding that those who knowingly amplify such content could also face criminal liability if investigations establish their involvement.
It maintained that the investigation was being conducted professionally and that anyone found culpable would be prosecuted.
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Bob rejects intimidation claim
Speaking with PREMIUM TIMES, Mr Bob dismissed suggestions that reporting the matter to the police amounted to intimidation.
“He defamed me. He opened Facebook for over one hour to talk about me. He said that I am a fraudster. He said I have never assisted anyone,” Mr Bob said.
He said his petition stemmed from allegations he considered defamatory and not from criticism of government policies.
“I only said that you have a right to criticise the governor but leave his person. You have the right to criticise policies, execution of projects or non-execution of them, performance or non-performance. Instead of facing the issue, he decided to defame me,” he said.
Responding to questions on why he did not pursue only a civil action, Mr Bob maintained that the allegations could attract both civil and criminal liability.
“It is both civil and criminal. I am a lawyer. I was called to the Bar in 1984. I am not stupid,” he said.
“It all depends on what the person wants. If you want to treat it criminally, you can treat it. If you want it civil, you can do it. And you can also do both.”
He added, “The question, why did you report to the police? It is my right. Where my right begins, his own stops. We can’t just talk down on people, defaming the integrity of some people.”
PDP condemns arrest
The Peoples Democratic Party (PDP) has condemned Mr Okpo’s arrest.
In a statement issued on Tuesday by its National Publicity Secretary, Ini Ememobong, the party said Mr Okpo was being questioned by operatives of the Police Quick Intervention Unit in Ikot Akpan Abia following a petition by Mr Bob.
The PDP described the matter as “ex facie civil in nature” and argued that it did not warrant police intervention.
“We strongly condemn any attempt by highly placed people to use security agencies to hound and intimidate real or perceived opponents into political submission,” the party said.
It added that its Interim National Working Committee had directed the National Legal Adviser to constitute a legal team to defend Mr Okpo and another unnamed party member whom it claimed had become a target of oppression.
“The party will defend any of its officials or members who is arrested, intimidated or threatened in the course of exercising their fundamental or political rights protected by the Constitution,” the statement said.
Legal opinion
A legal practitioner, Augustine Asuquo, told PREMIUM TIMES that although defamation is generally treated as a civil matter, some forms of expression may also amount to criminal offences depending on the circumstances and the applicable law.
“Defamation is mostly pronounced as a civil matter. However, there are some expressions which can take it to the realm of criminal defamation,” Mr Asuquo said.
“There are other laws which can make an expression criminal and give rise to police investigation.”
He, however, cautioned that complainants alleging criminal defamation bear the burden of establishing that the conduct complained of goes beyond ordinary civil defamation.
“The only issue is that if you are charging someone for criminal defamation or both criminal and civil, be ready to prove that it does not fall within civil defamation because the burden is on you,” he said.
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“There are some that are expressly within the civil realm. But because you are mighty or highly placed, you now want to use the police to oppress people.”
Mr Okpo’s arrest comes barely four months after the police declared Manfred Ekpe, the publicity secretary of the African Democratic Congress in Akwa Ibom, wanted over allegations of cyberstalking, threat to life and other offences against Governor Umo Eno of Akwa Ibom.
The police action sparked criticism from civil society groups and lawyers, who questioned the increasing use of law enforcement agencies in disputes arising from political expression and online commentary.
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