Mrs. Chioma Okoli, a food critic facing charges over her online commentary about Erisco Foods Limited’s tomato paste, has filed a no-case submission before the Federal High Court in Abuja.
Okoli, through her counsel, Inibehe Effiong, made the application on Thursday after the prosecution, led by Adam Ugwuanyi, closed its case, having called two witnesses before Justice Peter Lifu.
Effiong informed the court that the prosecution had failed to establish sufficient evidence requiring the defendant to enter a defence.
Justice Lifu subsequently adjourned the matter until March 31 for the adoption of written addresses on the no-case submission.
The application followed the cross-examination of the second prosecution witness, SP Joel Nimfa of the Inspector-General of Police Monitoring Unit at the Force Headquarters.
Nimfa had earlier told the court he led the team that investigated the petition filed against Okoli and personally travelled to Lagos, where she was arrested.
What they are saying
During cross-examination, Effiong asked the witness to read from the petition filed by Erisco Foods Limited that led to the charges.
When asked whether he investigated the case, Nimfa answered in the affirmative.
- “In the petition, Erisco Foods Ltd alleged that the defendant is the leader of an organised criminal syndicate that fakes its products. In your investigation, you did not find evidence that she faked the products of Erisco?” Effiong asked.
- “No, we did find evidence,” the witness responded.
- “Where were the fake products kept?” the lawyer asked.
- “She (Okoli) could not produce any, and that is why they are fake,” Nimfa replied.
When further asked whether any of the alleged fake products had been tendered before the court, the witness responded: “No.”
Effiong also questioned the witness on claims in Exhibit CEO-1 that Okoli worked with unnamed manufacturers to produce substandard goods to undermine Erisco.
- “We could not get them,” Nimfa said when asked to name the alleged collaborators.
On allegations that Okoli attempted to extort money from the company before making her post, the witness admitted under questioning that no evidence of such a demand was found.
- “Is it also correct that you did not find any evidence that she demanded any money from Erisco Foods Ltd?” the lawyer asked.
“Yes,” Nimfa answered.
Following the cross-examination, the prosecution announced it was closing its case.
Backstory
Okoli was granted N5 million bail with two sureties on May 31, 2024, after spending several days in custody following her arraignment on May 28, 2024.
- She was charged over a Facebook post in which she criticised Erisco’s Nagiko Tomato Mix, alleging it tasted sugary. The police claimed the post violated provisions of the Cybercrime Act, 2015. Okoli pleaded not guilty to the charges.
- On September 17, 2023, Okoli wrote that she had purchased the product after her usual brands were unavailable and found it excessively sweet. The post generated widespread reactions and led the company to petition the Inspector-General of Police.
The controversy also triggered regulatory scrutiny, with the National Agency for Food and Drug Administration and Control (NAFDAC) inspecting the product’s registration.
Justice Lifu had earlier encouraged both parties to consider an out-of-court settlement, but the suggestion was declined.
What you should know
In April 2024, the Manufacturers Association of Nigeria (MAN) called for balanced regulatory frameworks to protect both consumers and manufacturers.
The association’s then Director-General, Segun Ajayi-Kadir, made the appeal following the viral dispute between Erisco Foods and Okoli over the tomato mix review.
So, what does this mean? Can she countersue, or is this just one more thing on the long list of things that can just happen to you in Nigeria?