Tomato review: Counsel kicks as police say crowdfunding for Facebook user will influence trial

The Nigeria Police Force (NPF) says crowdfunding for the legal defense of Chioma Egodi, a consumer who gave a review of an Erisco Foods product, will influence the trial.

In a statement on Thursday, Olumuyiwa Adejobi, force spokesperson, said Egodi is accused of “violating some salient parts” of the cybercrime (prohibition, prevention, etc) Act, 2015.

Adejobi said the preliminary investigation has “unearthed compelling evidence indicating Mrs. Chioma’s alleged role in the violation of extant laws, particularly those related to the proper use of the cyberspace”.

BACKGROUND

On September 17, 2023, Egodi 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.

She shared a picture of the opened can of tomato paste in her post. Egodi has since deleted the post.

“I went to buy Tin tomatoes yesterday that I will use to make stew, I didn’t see Gino and Sonia, so I decided to buy this one. When I opened it, I decided to taste it omo! Sugar is just too much! Haaa biko let me know if you have used this Tin tomato before because this is an ike gwuru situation,” she wrote.

Reacting to the review, Erisco Foods Limited described the claim as untrue and unfounded.

The company said the post was intended to mislead its customers and discredit the image of Erisco Foods Limited “as previously instigated by some elements and syndicates who are uncomfortable with our increasing market dominance as a leading indigenous manufacturer of 100% natural tomato pastes”.

Erisco Foods added that it has “decided to bring the said publication to the attention of relevant authorities”.

Some days later, Egodi was arrested by the police after the company filed a complaint about the post.

Many social media users called for her release and a boycott of Erisco Foods.

Egodi was later released by the police.

Eric Umeofia, the founder of Erisco Foods Limited, vowed to take legal steps against Egodi and demanded N50 billion as damages.

In January 2024, some operatives attempted to rearrest Egodi at her residence in Lagos in violation of a court order restraining the police from arresting her pending the determination of a suit in court.

In the charge sheet filed by the inspector-general of police (IGP) at the federal high court in Abuja, Egodi is accused of allegedly publishing false information to harm Erisco.

Recently, a crowdfunding initiative was launched to help Egodi meet the financial demands of her legal case.

‘POLICE ASK SOCIAL MEDIA INFLUENCERS TO EMBRACE RULE OF LAW’

Speaking on the matter, Adejobi accused Egodi of “jumping bail”, adding that the police are acting as “neutral arbiter” in the case.

“At this juncture, it is imperative to caution members of the public against spreading misinformation and attempting to manipulate public sentiment,” the force spokesperson said.

“The law operates impartially, and any attempt to subvert it will be met with the full force of legal action.

“The recent developments in the case are deeply worrisome, particularly the use of crowdfunding as a means to influence legal proceedings.

“Such actions undermine the integrity of the justice system and threaten the principles of fairness and accountability, as they are highly inimical to the existence of the rule of law.

“We therefore advise the suspect to cease the continual jumping bail and turn up in court, as a neutral arbiter, to determine the matter, and allow justice to take its course.”

‘DESIST FROM PROPAGANDA’

However,  Inibehe Effiong, a human rights lawyer and counsel to Edigo, said every action of the police in the case “shows blatant disregard for the rule of law”.

Effiong said the comment of the force spokesperson that crowdfunding for the case would influence the legal proceedings is “preposterous”.

The lawyer said his client did not jump bail, adding that Egodi has not been “served with a trial notice or summons from the court”.

“Since the police have filed a charge in court, they should allow the court to determine the case instead of engaging in media trial,” the lawyer said.

“It is curious that the Force PRO has chosen to keep the so-called “compelling evidence” only in his head.

“He should extract it from his head and present it before the court. We cannot comment on fiction.

“By Section 36(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Chioma is presumed innocent until proven guilty.

“We are equally taken aback by the barefaced falsehood propagated by the Force PRO to the effect that Chioma had jumped bail.

“This is offensive, and we may be forced to sue ACP Adejobi for that defamatory statement. Chioma is not on the run and has never jumped bail.

“The fact of the matter is that since the police filed their charge against her, they refused or failed to serve her with a copy of the charge.

“Chioma has also not been served with a trial notice or summons from the court. Before rushing to the media to scandalize our client, the Force PRO should have sought legal advice on the extant legal procedures.”