Alleged Cyber Defamation : Court Remands Social Media Commentator in Abakaliki

Nkechinyere Ewa

A Magistrate Court sitting in Abakaliki, Ebonyi State, on Monday ordered the remand of a social media critic, Mr. Polycap Obinna Alegu, over the alleged defamation of the Secretary to the Ebonyi State Government (SSG), Mrs. Grace Umezurike.

Mr. Alegu, 36, was arraigned before Magistrate Court 1, Abakaliki, presided over by Chief Magistrate Sandra Ifeanyi-Onyibe, on a two-count charge bordering on criminal defamation and cybercrime.

According to the charge marked MAB/7c/2026, the defendant allegedly made false, malicious and defamatory publications against the SSG on December 16, 2025, through social media platforms.

In Count One, the prosecution alleged that Alegu published defamatory content against Umezurike, an offence said to be contrary to and punishable under Section 375(A) of the Criminal Code Act, Cap C38, Laws of the Federation of Nigeria, 2004.

Count Two accused him of knowingly and intentionally making a false and defamatory publication on Facebook against the SSG, contrary to Section 24(1)(b) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act.

Counsel to the defendant, Mr. Sunday Ununu, objected to the reading of the charges, arguing that the Nigeria Security and Civil Defence Corps (NSCDC) lacked the authority to initiate remand proceedings or file the case on behalf of the Federal Republic of Nigeria. He further contended that only the Attorney-General of the Federation (AGF) had the constitutional power to institute such criminal proceedings.

However, Chief Magistrate Ifeanyi-Onyibe overruled the objections, holding that the Constitution empowers the NSCDC to institute criminal cases on behalf of the AGF and dismissed the argument that the agency lacked the locus standi to seek a remand order.

Responding to the allegations, Alegu told the court that his social media accounts were hacked and that he was not responsible for the alleged defamatory posts. He also claimed that comments made from his account on other people’s posts were carried out by hackers.

Following his plea, defence counsel applied for bail, informing the court that the defendant had credible sureties.

The NSCDC counsel, Mrs. Linda Akam, opposed the bail application, arguing that the Magistrate Court lacked jurisdiction to entertain the substantive matter or grant bail.

In her ruling, the Chief Magistrate held that there was a prima facie case against the defendant, stating that the issue of bail should be determined by a court with the competent jurisdiction.

She consequently ordered that the case file be forwarded to the Department of Public Prosecution (DPP) in the Ebonyi State Ministry of Justice for legal advice.

The matter was adjourned to January 26, 2026, for a report of compliance.

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