The judge said, "denying the defendant bail will amount to wrong application of discretion."
After spending three nights in prison, Chioma Okoli, who is being prosecuted by the police for her critical review of a Erisco Foods product, was, on Friday, granted N5 million bail by the Federal High Court in Abuja.
The police charged her with cybercrime offences for her review of a tomato paste produced by Erisco Foods Limited, which she shared on social media. The authorities accused her of defaming Erisco, following a complaint by the company.
The Nigeria's Cybercrime Act, under which Mrs Okoli is being prosecuted, has been used by the police to target voices, including many journalists, seen to be critical of influential people. The law, eseecially its section 24, often deployed for such prosecution, although has now been amended to be more liberal, is viewed by many rights advocates as a "weapon of oppression" by the government and powerful individuals.
Mrs Okoli was remanded at the Suleja Correctional Centre, near Abuja, on Tuesday, after she was arraigned on two charges before the trial judge, Peter Lifu.
The prosecution lawyer, Abdulrashid Sidi, while arguing the defendant's bail request, prayed the judge to reject Mrs Okoli's application. He said the defendant might jump bail.
But, ruling on Mrs Okoli's bail request on Friday, the judge said "denying the defendant bail will amount to wrong application of discretion."
Mr Lifu referenced Section 36 (5) of the Constitution, which presumes the defendant's innocence until proven otherwise.
Bail conditions
Aside from the N5 million bail bond, the defendant was ordered to produce two sureties who must be her spouse or a relative.
The two sureties must be persons with proven means of livelihood and resident in Abuja, the court's jurisdiction. They are to deposit their passport photographs with the court.
Also, the judge ordered Mrs Okoli to deposit her passport with the chief registrar of the court.
The judge adjourned proceedings until 13 June for trial.
Addressing journalists shortly after Friday's proceedings, defence lawyer, Inibehe Effiong, commended the judge for exercising his discretion judiciously in granting his client bail on "very liberal terms."
Defendant's ordeal
The defendant's husband, Chizoba Okoli, recounted his wife's ordeal at the hands of the police and Erisco Foods Limited management since September 2023.
Mr Okoli told journalists after Friday's hearing in Abuja that his wife had been through "emotional trauma" that caused her a miscarriage.
He said his wife's incessant arrest and incarceration by the police brought their family immeasurable pain.
Similarly, the defence lawyer has repeatedly accused the police of violating Mrs Okoli's fundamental rights to freedom of expression and liberty.
Mrs Okoli's plight drew wide condemnation from many Nigerians who asked the police to drop the criminal charges for a civil case.
Friday's hearing drew dozens of women's rights activists to the court in solidarity with Mrs Okoli.
Background
In September 2023, the police arrested Ms Okoli for claiming in a review that a tomato paste she bought in a market tasted sugary.
The paste, Nagiko tomato mix, is manufactured by Erisco Foods Limited, Lagos.
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She made the comment in a post on her Facebook page on 17 September 2023.
She goes by the name, Chioma Egodi Jnr on Facebook.
In the post seen by PREMIUM TIMES, Ms Okoli said she had gone to the market on 16 September with the intention of buying Gino or Sonia brand of tomato paste but could not find them.
A few days later, police operatives in Lagos apprehended Ms Okoli and flew her to Abuja for interrogation following a complaint by Erisco Foods Limited.
Erisco Foods Limited described as "untrue and unfounded" Ms Okoli's claim that its paste tastes sugary.
In a statement issued by its management, the company said it was built on the vision and mission to manufacture and promote healthy and wholly made-in-Nigeria tomato products with a commitment to feed Africa, including Nigeria.
