The Nasarawa State Judicial Commission has demoted Emmanuel
Jatau, a chief magistrate, over misconduct in the case involving Chioma Okoli
and the Nigeria Police Force (NPF).
The judicial commission demoted Jatau from chief magistrate
II to senior magistrate.
The decision of the commission was contained in a letter
dated January 6, 2025, and addressed to Inibehe Effiong, Okoli’s counsel.
The letter was signed by Yahaya Shafa, secretary of the
commission.
“Consequently, I have been directed by the Hon. Chief Judge
of Nasarawa State and Chairman Judicial Service Commission to write and inform
you that Hon. Emmanuel A. Jatau has been demoted by a grade level lower than
his current grade level i.e from Chief Magistrate II on GL 15 to Senior
Magistrate I on GL 14 and stripped of his magisterial duties,” the commission
said.
BACKGROUND
On September 17, 2023, Okoli made a post on Facebook stating
that she tasted Nagiko Tomato Mix, one of the tomato paste variants of Erisco
Foods Limited, and found it sugary.
Erisco Foods Limited had described her claim as untrue and
unfounded.
Days after the Facebook comment, Okoli was arrested by the
police following a petition by Eric Umeofia, president and CEO of the company.
Her arrest sparked outrage on social media as many Nigerians
called for her release.
The police had obtained an arrest warrant and remand order
from a magistrate court in Masaka, Nasarawa, to that effect.
Subsequently, Okoli was arraigned at the federal high court
in Abuja but she pleaded not guilty to the two counts of conspiracy and
cyberstalking.
She was initially remanded at the Suleja correctional centre
but later got bail.
Amid the legal battle, she suffered a miscarriage.
THE PETITION
Displeased with the remand order, Effiong petitioned the
Nasarawa State Judicial Commission.
In the petition, Effiong argued that it is “brazen” for the
magistrate to issue arrest and remand warrants against his client, who is not
residing in Nasarawa and has never visited the state.
The lawyer also stated that the alleged offences were not
committed in Nasarawa state.
“Fundamentally, the Chief Magistrate Court, Masaka, Nasarawa
State lacks the jurisdiction (territorial jurisdiction) to entertain the
applications for warrant of arrest and warrant of commitment to prison on
remand,” Effiong wrote in the petition.
“The alleged offences were not committed in Nasarawa state
nor is the Defendant living in Nasarawa State.
“We submit respectfully that a Magistrate Court has no
jurisdiction to make any order or issue any warrant whatsoever (whether for
search, arrest or demand) for the allegations levied against the Defendant
which border on offences allegedly committed under the Cybercrimes
(Prohibition, Prevention, etc.) Act, 2015.
“This is simply because cybercrime is not only a Federal
offence, it is one that the law creating the offence has donated exclusive
jurisdiction to the Federal High court not only for the trial of alleged
offenders but also for pre-trial investigative actions.
“We respectfully seek your Lordship’s intervention to
investigate and appropriately sanction the assumed Magistrate (HON. E. A. JATAU
ESQ.) on his/her involvement in this messy desecration of the judicial process
and also invite any other official found culpable for necessary sanction.”
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