NEWS: COURT STRIKES OUT CYBERSTALKING SUIT AS GTBANK WITHDRAWS CHARGE AGAINST BLOGGERS
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The lawsuit against four bloggers who were charged with cyberstalking Guarantee Trust Bank, its parent business GTCO Plc, and its Group Chief Executive Officer, Segun Agbaje, has been dismissed by the Federal High Court in Lagos.
After they reached a settlement, the police retracted the criminal case against them, and Justice Olayinka Faji dismissed the lawsuit.
The bloggers had been detained for six months before receiving this respite.
Officers from the Police Special Fraud Unit (PSFU), Ikoyi, Lagos, arraigned the four bloggers—Precious Eze, a 38-year-old man; Olawale Rotimi, a 47-year-old man; Rowland Olonishuwa; and Seun Odunlami—before the court under the Cybercrimes Prohibition Prevention Act.
They were specifically accused of disseminating inaccurate information regarding Agbaje, the group CEO of GTCO Plc.
Ajibola Aribisala (SAN), the prosecuting attorney, informed the court when the case was brought up for trial on Thursday that the prosecution and GTBank, the nominal complainants, had finally given in to the defendants’ request for a second opinion.
According to Aribisala, the defendants have turned themselves in and committed to righting the wrongs that resulted in their prosecution.
Additionally, he stated that the Guild of Editors had stepped in and that GTBank is open to a peaceful resolution of the issue on the parameters that were agreed upon.
Each defendant voluntarily consented, the prosecutor said, and signed the document outlining the terms of the settlement.
In the terms of the settlement, a copy of which was obtained by Channels Television, it was unanimously agreed that for an amicable resolution of the disputes between the complainant and the defendants, the defendants undertake:
a. To refrain from publishing any false, malicious, or defamatory content against the complainant, its affiliates, directors, or officers in the future.
b. To use their platforms to educate journalists on responsible reporting and fact-checking.
c. To promote positive and factual content about the Complainant.
d.Publish a retraction of their respective malicious publication earlier made against GTCO and its CEO on their respective blogs.
e.To jointly publish public apologies to GTCO, its CEO (Mr. Segun Agbaje), and GTBank in three national newspapers upon a withdrawal of the charge.
The prosecutor then asked the court to accept the terms.
He said, “We appeal that the court approves the document containing the terms as agreed in the deed of settlement so that they can go back to their families after spending six months in the custody of the Nigeria Correction Services”.
The defendants’ counsel, Olakunle Afolabi, had also via a letter dated 30th January 2025, communicated the defendant’s acceptance of and willingness to comply with the conditions for settlement outlined above.
“Subsequently, in compliance with the stipulated conditions for settlement, each of the defendants issued personally and individually signed letters of apology and retraction of defamatory publication dated 18th February 2025 to Mr. Segun Agbaje, GTCO, and the complainant respectively,” the letter read.
“The said letters of apology were delivered to the prosecutor via a cover letter also dated 18th February 2025, signed by the defendants’ counsel, Mr. Olakunle Afolabi, Esq.
“In consideration of the apologies tendered and undertakings made by the defendants, the complainant as a peace-loving and socially responsible organization has unequivocally indicated its decision to withdraw the complaint made against the defendants.
“The complainant has also accepted the undertakings made by the defendants (as outlined in the letters dated 30th January 2025 and 18th February 2025) in good faith and trusts that the defendants will implement the said undertakings.
“The Complainant, however, reserves the right to re-submit its petition to the appropriate law enforcement agency should the Defendants fail to fulfill their obligations under this deed.
“Parties hereby agree that the execution of this Deed of Settlement and the fulfillment of the terms and conditions contained herein SHALL be a bar to the enforcement of the right that would otherwise accrue to any of the Parties in respect of the facts-in-issue in the charge.
“All the parties further agree that withdrawal of charge No. FHC/L/CS/774C/24 and the fulfillment of the terms and conditions contained herein will also be a bar to any civil liability that may arise from and/or bothers on Charge No. FHC/L/CS/774C/24 or the facts-in-issues in the said charge.
“The defendants confirm that they have not been coerced, pressured, and/or induced to execute this Deed of Settlement.
“The defendants affirm that they have willingly and voluntarily executed this Deed of Settlement.
“The defendants confirm that they were not restrained, induced, or subjected to any form of duress whatsoever at the time of executing this Deed of Settlement.”
Counsel to the defendants, Kunle Afolabi in his submission before the court said he is not objecting to the withdrawal of the charge, adding that he and the defendants have appended their signatures on the document.
After listening to the parties, Justice Faji held that the parties shall comply with the terms of the agreement as contained in the deed of settlement.
He then struck out the charge.
The police had in the amended charge dated September 26, 2024, alleged among others that the four defendants, sometime in August 2024 in Lagos, conspired amongst themselves to commit a felony to wit: cyberStalking, and thereby committed an offence punishable under section 27 of the Cybercrimes (Prohibition, Prevention, etc) Act 2015 as amended in 2024.
The defendants were also alleged to have knowingly sent false messages or publications in social media, through a computer or network to the general public as follows “EFCC, FIRS storm GTBanks over Segun Agbaje’s N1 trillion scam” and “Whistle Blowers expose Segun Agbaje’s Nepotism, power play” which they alleged enriched him and his sister among other publications.
The police alleged that the publications insulted Agbaje and also caused criminal intimidation, annoyance, ill-will, needless anxiety, injury, and hatred to him and the defendants thereby committed an offence contrary to and punishable under section 24 (1) (b) of the Cybercrimes (Prohibition/Prevention) Act. 2015, as amended in 2024.
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