₦airaland Forum

NaijaCowFarm:
Good job ... monolith is EVIL and we do not celebrate evil.
Let it be asserted that ALL of South-South is for JESUS!!!

Meanwhile, the stonehenge in England is still standing today and is a source of national pride.

Christianity destroying people's cultures and history is pure evil.

9japride:
I get your point. We shouldn't be sentimental in this issue. It's just like some people that will insult someone and then say were just joking.
People who usually instigate crise can't even accept if someone does bad to them.
You personally, I believe won't take any chance if someone tries to destroy your million dollars business.

If all it takes to destroy your multi million dollar business is a couple of Facebook posts, then your business does not deserve to be in business.

DeepSight:
You are the confused one, and if you studied law there is a real problem if you don't know the difference between the Nigerian Legal System and the law.

I expect that this will fly over your head as well.

Secondly I didn't say anything was unenforceable Please quote where I did. Wirinet said so and whatever you might think, he is not me. Scroll through our profiles.

You skipped Jurisprudence classes and prolly Law of Tort classes. And NLS (Nigerian Legal System).

Me I am not a lawyer, I studied architecture at the university, so the only law course I took was Land Law.
Having said that, I understand the general principle of law and law making, which is to build a peaceful and stable society, through equity, transparency and natural justice. The goal of the Penal Code does not include these. The Penal Code currently in use today is a law enacted in 30th September 1960 (a day before independence), an offshoot of the Penal Code of the colonial government. Its goal was to keep the general population under check and subservient to the central government. The Penal Code is so voluminous, it has 37 chapters and over 470 sections. Majority of the items of the Penal Code are ambigious, it is only be used to oppress the poor and helpless citizens.
Here is a link to the Penal Code (section 26 - 37) - https://lawsofnigeria.placng.org/view2.php?sn=432

Firstcitizen is probably not aware that the same Penal Code he is supporting with his "law is law" in chapter 2 section 55 permits a husband, teacher, master to beat his wife/student/slave and children as long as his intention is not to kill them. There are so many other stupid laws like the criminalisation of juju and criticizing the person of the President or the Governor of a State.

You can download the other sections of the Penal Code here - https://sabilaw.org/wp-content/uploads/2022/04/Penal-Code-Act-1960.pdf

Firstcitizen:
Your whole life is a monument to stupidity.
"Criminal Punishments for Defamation

Under Section 392 of the Penal Code Law, any person who defames another shall be punished with imprisonment for a term that may extend to two years, or with a fine, or with both. The Penal Code Law further extends the punishment of any person who prints or engraves a matter knowing it to be defamatory with imprisonment for a term that may extend to ten years, a fine or both, while the sale of printed or engraved material containing defamatory matter is punished with imprisonment for a term that may extend to five years, with a fine, or both.

By the provisions of Section 375 of the Criminal Code Act, any person who publishes any defamatory matter is guilty of a misdemeanor and is liable to imprisonment for one year; and any person who publishes any defamatory matter knowing it to be false, is liable to imprisonment for two years. A defendant who publishes a defamatory matter with the intent to extort is guilty of a felony and is liable to imprisonment for seven years."

I laugh in mandarin. This section of the the law is so ambitious its unenforceable. It can only be employed to witch hunt the poor, vulnerable and helpless.
What dies "anyone who defames" means? Is this statement;

Firstcitizen:
What an imbec!le.

Defamatory?

What about this one?;

Firstcitizen:
He should be shot

If we compile all the defamatory published statements by firstcitizen on this site, he will face more than a century in jail.

It's akin to the bigamy Law under Section 370 of the Penal Code I attached below. It is unenforceable. Dispute millions of Nigerians having second, third or even fourth wife, nobody has been jailed because of bigamy.

The Penal Code was made during the colonial era to serve the interests of the colonialists, has become obsolete and irrelevant.
If our legislature are actually interested in doing their jobs instead of pursuing constituency projects and allowances, they should have repealed and replace most of the Penal Code.

In addition, I just learnt that the Penal Code only applies in Northern Nigeria, the law that applies in southern Nigeria is the criminal code. Both laws are said to be different.

iamL:
Spell killing without asterisk. You think the law is dump?

Killing - 7 letter word.

Ki***ing - 8 letter word.

The three asterisks can be any letter of the English alphabet. It can be Kibbling.

Even if we are to ignore one asterisk and make it 2, the words can be any of the following seven letter words;
Kicking
Kidding
Killing
Kibbing
Kinking
Kissing
Kicking
Kinking
Kipping
Kinging

The lawyers and the judge would then need to play a game of complete the sentence in order to convict the lady. Remember in a criminal case you have to prove beyond all reasonable doubt.

Agadinaagwuofe:
Yes the company has suffered losses but not to the extent you elaborated. She is suffering more. As at today, the product is still in market selling, the NAFDAC has confirmed it's a good product, his credit line with investors were not affected, infact I can argue it made him more popular because prior to the case I never know the company exist. Recently I saw their products in the market. Let me shock you, more than 60% of Nigerians don't live their lives on social media hence many didn't know about case and once they go to market they buy it as long it's cheaper after all Nigeria no funny again. it's only the elites will cancel his product but that will be little fraction of the populace. As for staffs, psychological stress? As long as he meets their financial obligations they will keep working when you get tired you resign and some one will take up the job, let Erisco put a job opening publication, thousands if not millions will apply. Where you see job for Naija when you go dey play with the one you have? his only loss is reputational risk which if court grants his request he will start mitigating against that

You Erisco defenders are contradicting yourselves. In one breath you say Chioma Okoli's post on Facebook was so bad that it ruined the reputation of Erisco's tomato paste and the company, so she needs to be punished. In the same breath you now say more than 60% of Nigerians don't live their lives on social media hence many didn't know about case. So if Erisco feels that many Nigerians are not bothered with social media, why expend so much energy and capital pursuing a harmless Facebook post?

You said Erisco has not suffered losses to the extent I elaborated, but the company itself contradicted your claims.

luminouz:
This is where you are wrong. NAFDAC and Lagos State government independently tested the product she attacked and they certified it for consumption. Will you say Eriscos bribed both the state government and NAFDAC too? She should have apologized after these findings but she still refused... Can't you see the flaw in her plan?

That's why I'm saying you are too emotional as a man and it's disappointing.

NAFDAC tests for pathogens and other harmful substances and not the nutritional value of food products, else coca cola, Pepsi, bigi, and other sugary products would not be given NAFDAC approvals.

CaptainGo:
What do you assume is the intent of that comment from her?

She bought the product and did not like it, so she gave her honest opinion. She even stated she had no prior knowledge of the product or the company.

Beside she never wrote the product is killing people. She wrote "Ki***ing" as you rightly screenshot

Obycus:
The Erisco owner is just a wicked and a sadistic fellow. The outcome of this his useless court case will be disasterous on him and his business. People are watching and waiting.

This issue might end up destroying the company altogether. His reputation and that of his company is being destroyed. It has gone international, CNN and other international media are following the case.
From CNN analysis Erisco would have a difficult time proving the libel case against Chioma Okoli. She did not even write that the Tomato is Killing people, she wrote " tell your brother to stop Ki***ing people with his product ". please note the three asterisks. Killing is not an eight letter word.

I learn Erisco instituted both criminal and civil case. Also chioma Okoli Haa instituted her own civil case against Erisco.
See the CNN report here - https://edition.cnn.com/2024/03/27/africa/nigerian-woman-faces-jail-over-online-review-of-tomato-puree-intl-scli/index.html?sp_amp_linker=1*ok1up2*amp_id*RmFvdHBYY0hPNlB1R3gxSThKM011ZUtOSVM1YUFCQ0dfaVZrb1FsNTJpVGp4U3dTVHd5YXVNclQwcW02MUVhZA..

Agadinaagwuofe:
Exactly no matter the outcome is a loss for her, she has lost a baby, she's now remanded in prison till 31st when her Vail application will be heard and after the bail conditions might make her stay inside prison for days, her mental health has been affected, the family also will be put into emotional stress, I don't even want to talk about funding. I am sure this is not what she bargained for when she made the statement. The "wise" thing to do since agreement was made in front of IG suppose tell the lady of she doesn't have "an influential backbone" she should have tow the line of peaceful resolution than all the strong head.

Yes, she has lost a lot as you pointed out,but what of Erisco himself and his company, how much have they lost. Can you quantify the loss in monetary terms. Even Erisco, his staff and family would suffer some psychological stress as a result of dragging by the public. The longer this case persists the worse for the image of his company and thus his sales. Remember he invested billions in the tomato product, which he is yet to recoup.

smogicesamson:
You should have been in court yesterday to defend her na.

You people don't have a case, that why you conspire with the judge to lock her up indefinitely for a mere libel case.
Why not tell your judge to grant her bail so she can attend the court from home, and see if you all calling for her blood would not lose interest in the case.

Maobichek:
Both NAFDAC and SON confirmed that Erisco tomatoes is good and edible; who then will defend her?

Freedom of speech is entirely different from what she did, there are records ok. She agreed to apologize but later decline and dare Erisco to go to Court.

Court will not pass judgement base on sentiment and emotion; she had the opportunity to free herself but she was headstrong and this is the reason why we all are still here, thank you.

Once again, HER OPINION.. Her opinion has nothing to do with NAFDAC or SON.
Nigeria has not descended to a level where an opinion can become a crime.

CaptainGo:
What truth?

She said Erisco tomatoes was killing people, she has to show the people that have died from consuming the product.

How hard is that?

You have no idea what it takes to build a business in Nigeria just for some clout chaser to spread that sort of false allegation.

I am tired of educating you guys on the simple principle of law. You are are either highly ignorant or choose to be highly ignorant.
She does not need to show anyone thar people have died consuming the product, she only needs to show that that she believes that the sugar in the product is capable of killing people. Please not the word believes (or in other words her opinion)
The main plank of a crime in criminal law is intent. Did she start out intending to demarket the product? Erisco lawyers must present evidence that the lady deliberately wanted to harm Erisco tomato and the company. They have to present evidence that maybe she is an agent of a rival company, she has a grudge against the company or that she knowingly lied against the company in order to harm then.
Where Erisco lawyers made the mistake is filing a criminal case. In a criminal case they would have to prove premeditation and malicious intent for her posts, and beyond all reasonable doubts. If it was a civil case, these conditions need not be met, all Erisco has to prove is that her posts caused grave damage to the company. This is why someone can be found liable for a crime but not criminally. Trump was liable for raping Eugene Carrol but not criminally guilty. Same with O J Simpson and his murdered wife.

This case is a no brainer and instituted just to lock the lady up.

nony43:
Where should she be? Has she proven that the tomatoe paste killed people? You don’t know you can go to jail over a fake review?

She should be home while the case is still in court.

She does not need to prove the tomato killed people, she only need to genuinely believe that sugar in the tomato kills people.

Show me examples of where people are jailed for fake reviews in Nigetia or any other country in the world.

Calitoscassius:
No justice for the poor in Naigeria. I wonder what the tomato company will gain from this waste of time and money, they shoulda just donated the money they are wasting to pay their lawyers to charity and give poor people free tomatoes and their image will be promoted even more. They are disgracing their company by taking her to court


Are they seeking to sent her to jail or compensation? She doesn't look like someone with millions in the bank.

Don't mind the Erisco man, and I use to admire the man for his entrepreneurial and Nigerian spirit. He us letting his overblown ego get the better of him. What does he exactly hope to gain by jailing the woman? Will jailing the woman be a good advertisement for the tomato product he claims he is trying to protect? Will jailing the woman increase confidence and thus sales of this tomato products? How much exactly is he ready to lose in order to prove the point that he is very powerful and should never be messed with?

nony43:
That was a slander and not a review.

Slander( or libel) is still a civil offence. The woman has no business being in jail.

tunde1200:
Did you own a company?

Yes I own and run a company.

Automolite:
Bad review and false review na 2 different things.
If u say.. Samsung phones battery don't last, na bad review bdat.

Even if its a false review, does that elevate the issue to a criminal offence, whereby someone is locked up for more than 6 months without trial?

If u say Samsung phones the cause cancer or explode and kills pple, what kind of review bdat.
Imagine if person wake up one morning post review say u dey use children blood do ur products, how u go feel.

How many reviews from people that claimed cause cancer or explode and kills people? Just Google the term "Samsung factory cause cancer", you will see tones of claimed just because one factory worker died of cancer. It hebooves on the responsible inspection agency to investigate the claims. No one went to Jail for these claims.

I no go show mercy to anybody wey accuse me falsely or wan bring me down oh.

Then you have no business getting hear public office. Jonathan, Buhari and even Tinubu is being insulted daily on social media and they go on with their lives. You and Erisco are lilly livered and have very thin skin.

DeepSight:
You people dont deserve to live in a free society. You simply dont understand the concept of freedom of speech, freedom of thought and conscience.

Don't mind them. They are yet to to recover from Stockholm Syndrome left over from slavery and colonialisation, whereby you rever and worship your oppressors, the only difference being the slave masters and colonial administrators have been replaced by the political and powerful elites in their minds.

tunde1200:
Your write up is biased
Seems you don't know what she did to erisco and the consequences.

Oya yarn me what she did to Erisco that is not common all over the world?

Maobichek:
Good morning, having data doesn't give anyone the privilege to destroy another person. Apologize, she refused and now see where she is. If she was right, why would her 2 accomplice be at large?

Most comments here in Nairaland deserve this treatment; we must verify our opinion before coming to the public, thank you.

Why should she apologise when if that is her honest opinion? According to the constitution there is freedom of belief and opinion. People insult governors and even the president all the time, does that warrant arrest and being locked up for months? Unless Erisco can prove that she had malicious intent , it would be impossible to prove a crime. Remember the threshold for a crime is extremely high, you have to prove premeditation and intent beyond all reasonable doubt.

Why would the other 2 not run? Remember this is Nigeria where the rich and powerful control the justice system. They know they would be locked up indefinitely without trial.

Vulcan24:
Where I live, ppl gossip and talk bad about me in my absence. I ignore it. Where I work I have experienced backbiting and pulling down lots of times but I ignore and focus on my dream and vision.

You can't expect love and elation from serving the public all the time. You should learn to take the good and bad views.

I tried reading Chioma comments, it wasn't a crime, she used and the product and gave her opinion, it's basic reaction! I don't know how going after her correct anything cos presently I can't even bring myself to buy that product after reading she lost her baby cos my wife had passed through such.

As for me, I don't think this is right in any way

Abuse of judiciary. Rich and powerful people using the courts (corrupt judges for that matter) to oppress ordinary masses. This should have been at worst a civil offence. When someone publishes false statement about a person or product, that is termed libel and its a civil offence. How it escalated into a criminal offence whereby someone was held in prison without bail for over 6 months is gross abuse of the judicial system. It can only happen in Nigeria.

delpee:
Are we sure he stole a phone? Could be so and could be a cover up for the punishment meted out for whatever reason.
Even if so, wise and well bred students should have reported him to the authorities.

To me this looks like a cult related incident, maybe he refused to join a cult or he has offended the cult boys. The excuse of stealing a mere phone looks like a cover up. Because even if he did steal a phone, other fellow students would have stepped in from to prevent him from being brutalised and the school security would have been alerted.

Max24:
Is Sanusi the first King to be detroned for disrespecting the governor? Kings has been removed since Colonia days. A gov is the emirs boss according to the law but you can only remove for a just cause. Can you openly criticize and disrespect your employer and expect not to be sacked? One of the laws of power is Never outshine your master. Even Sanusi himself removed bank owners from their banks when he was gov - Cecilia Ibru and Erastus Akingbola we're his scapegoats.

It seems decades of military rule has traumatised some Nigerians so much so that they can't grasp the basic tenets of democracy. A governor is not the master of the citizens, not to talk of traditional rulers thar are the custodians of the people. In fact in normal democracies, the governors and president are subservient to the people and their representatives.

The governors and president are still hunged up on colonial rule and think they simply replaced the colonial administration.

Max24:
But when there is crises, whose problem is it? When Kano goes in flame now he would run to Tinubu, NSA and DSS to quell any riot. Never start what you can't finish. What was Bayeros offence? At least everyone knew why Sanusi was dethroned. He publicly criticized the gov and Buhari. Has Bayero done same publicly? What was his offense? The gov is starting a crises in his state just because he dislikes Bayero.

If there is a riot, it is constitution requirement of the DSS, military and police to quell the riot and forestall any brake down of law and order. It not in their business to determine who is Emir or not. What was the offence of Lamido Sanusi before Ganduje dethroned him in the first place? Criticising a government or governor is not an offence under democracy.

Max24:
This governor is overreaching himself. Obsession for irrelevant issues.

It's Ribadu, DSS and police that are overreaching themselves. Traditional and chieftaincy titles are the exclusive preserve of the states, in fact they are under the local government administrations.

T9ksy:
Finally, we are making progress albeit, at snail's pace.

So, you agree that decree 34 was just a civil service Order with the sole purpose of uniting the entire civil services in the country.

So what instruments do governments around the world use in ruling or governing their countries? What organ of government do they use to execute or implement policies?

DMerciful:
There is currently no region in the 1999 constitution!

Ironsi changed the name from regions to provinces or states but the boundaries were left intact. Its like renaming a town. If the next govt dont like it, they revert.

What Gowon did is dividing the town into wards and giving different people to control. That made it almost impossible to reverse.

You know the truth but arguing blindly

He unified the civil service and thus the whole country. That was why it was called the unification decree.

DMerciful:
This is a lame argument you people refused to recover from because you wanna push Igbo hate.

Firstly, he stayed in power for 5months and unify the civil service 45 days before he was assassinated. If Nigeria did not want that policy, who enforced it after he was killed? Why did the new government not repeal the decree?

Why would he unify the civil service of a confederation if not to appropriate and control all of the resources to himself?

Secondly, when Ironsi was killed, it was still 4 regions renamed as 4 states. Why did Gowon divide the 4 states to 12 states making it impossible to reverse?

To dilute and divide the unity of the south east and at the same time further weakening the strength and size of the states all in preparation for war.

BondRiv:
Even as the FCT Minister, he is outperforming the clueless neophyte in Rivers State. No one is holding Fubara. He is just incompetent.

That's for the Rivers State people yo decide, not wike. The River's people that supposedly elected Fubara can decide not to reelect him again for a second term.
Wikes performance is for the president to decide. He can sack him tomorrow is the president is not satisfied with Wike's performance.

Is the proposed grazing route even constitutional? I had thought that the land use act and the 1999 constitution gives the ownerships of all land except a few km to the sea to the state governments. The state governments then lease the lands for a period of time, usually 99 years. So who will claim ownership of this grazing route? The federal government or the herdsmen?
Nothing stops the northern governors from allocating a grazing route in their respective states, but can a law be imposed on governors to surrender lands for a proposed gracing route?

xile:
All I know is that Fubura will serve only one term as governor, marking the end of his political career. You don't challenge your mentor. Just ask Ambode for update.

Even if he serves as a one term governor, he will still hold his head high as a defacto governor and not a boy boy to anybody. Jonathan was a one term president and his integrity remained intact.
Mentorship does not mean slavery. Mentorship is by respect and not intimidation and threats.

Ambode was an exception rather than the rule. Almost all past governors that tried to Lord it over their successors failed. Tinubu himself tried it with Fashola and failed. Ambode should have defected to PDP and use executive powers to challenge Tinubu in Lagos.