Nigerian woman potentially faces three years of incarceration due to her assessment of a canned tomato puree
In September 2023, a pregnant mother of three named Chioma Okoli found herself in the centre of a controversial legal battle in Nigeria. The catalyst for this situation was a simple Facebook post where Okoli expressed her dissatisfaction with a brand of tomato puree, Nagiko.
Okoli's post sparked a series of reactions, including a defensive comment accusing her of damaging the product's reputation. However, this seemingly innocuous interaction led to a chain of events that has since raised significant concerns about freedom of speech in Nigeria.
Okoli was arrested and faced extensive charges—allegedly 20 pages worth—under Nigeria's Cybersecurity Act. The accusations were based on more than 20 pages of charges presented at Ogudu police station, with Okoli being accused of extortion, blackmail, and running a syndicate.
As the 39-year-old awaits her trial on 13 June, facing a possible three-year prison sentence, Okoli remains hopeful for justice, maintaining her innocence. Her legal team claims the state has lost several applications, implying weak legal grounds for the case.
This case has sparked widespread public attention and activism, including protests and campaigns supporting Okoli. It highlights significant concerns about freedom of speech in Nigeria, particularly related to how the Cybercrime Act is reportedly misused to suppress legitimate criticism and online expression.
Critics argue that using the Cybercrime Act in this manner damages free speech rights and abuses legal processes to intimidate and silence dissenting voices online. The case exemplifies concerns over the misuse of Nigeria’s Cybercrime Act to curtail online criticism and freedom of expression.
Since the introduction of the Cybercrime Act in 2015, at least 25 journalists have been prosecuted under its provisions. Okoli's lawyer, Inibehe Effiong, highlighted that despite amendments to the 2015 Cybercrime Act, the Nigerian authorities continue to exploit its vague language.
Okoli's attempts to continue her normal life are shadowed by the trauma of her arrest and the ongoing legal battles. On 9 January, the police attempted to rearrest Okoli, accusing her of jumping bail, but left after she refused to see them without her lawyer.
Meanwhile, in a separate development, Erisco Foods, the company that produces Nagiko tomato puree, filed a civil lawsuit demanding over $3 million in damages. The case is still in court, with ongoing legal proceedings and claims of procedural weaknesses by the defense.
In a different context, the issue of freedom of speech has also been at the forefront in Italy, where influencer Chiara Ferragni issued an apology amid an €1M fine for misleading charity Christmas cake sale.
This situation underscores growing debates in Nigeria about balancing regulation of online content and protecting citizens’ rights to express opinions freely without fear of disproportionate state retaliation. The case of Chioma Okoli serves as a stark reminder of the potential consequences when these boundaries are crossed.
[1] Nigerian woman's tomato post case: Prosecution fails to prove case against Chioma Okoli, lawyer claims
[2] Nigeria: Woman Facing Jail Over Facebook Post About Tomato Puree
[3] Nigerian court adjourns Chioma Okoli's trial over tomato sauce post
[4] Nigerian woman Chioma Okoli's Facebook post about tomato sauce leads to arrest
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