Police arrest PDP spokesperson for alleged defamation

The Nigeria Police Force in Akwa Ibom State has taken the Publicity Secretary of the Peoples Democratic Party (PDP), Ewa Okpo, into custody. This is over claims of criminal defamation, cyberstalking, and other related offenses linked to his social media posts.

The police stated that Mr Okpo was arrested after former senator Effiong Bob filed a petition on 17 June. Mr Bob accused the PDP spokesman of making false and damaging statements that could hurt his reputation.

In a statement on Facebook on Tuesday, Timfon John, the police spokesperson in Akwa Ibom and a deputy superintendent, said Mr Okpo was arrested lawfully and is helping with the investigation.

While the police recognized that the Constitution protects freedom of expression, they stressed that these rights do not cover criminal behavior. "Social media is not a sanctuary for criminality," the statement cautioned.

The police warned that anyone spreading false information or engaging in cyberstalking, criminal defamation, cyberbullying, or blackmail online could face prosecution. They also mentioned that those who knowingly share such content might also be held responsible if investigations find their involvement.

The police assured that the investigation is being carried out properly and anyone found guilty will be prosecuted.

Bob rejects intimidation claim

In an interview with PREMIUM TIMES, Mr Bob dismissed claims that his police report was meant to intimidate anyone. "He defamed me. He opened Facebook for over one hour to talk about me. He said that I am a fraudster. He said I have never assisted anyone," Mr Bob said.

He explained that his petition was based on statements he found defamatory, not just criticism of government policies. "I only said that you have a right to criticize the governor but leave his person. You have the right to criticize policies, execution of projects or non-execution of them, performance or non-performance. Instead of facing the issue, he decided to defame me," he added.

When asked why he didn't just go for a civil case, Mr Bob said the allegations could lead to both civil and criminal consequences. "It is both civil and criminal. I am a lawyer. I was called to the Bar in 1984. I am not stupid," he said.

He further stated, "If you want to treat it criminally, you can treat it. If you want it civil, you can do it. And you can also do both." He concluded, "The question, why did you report to the police? It is my right. Where my right begins, his own stops. We can’t just talk down on people, defaming the integrity of some people."

PDP condemns arrest

The Peoples Democratic Party (PDP) has condemned the arrest of Mr Okpo. In a statement on Tuesday from its National Publicity Secretary, Ini Ememobong, the party said Mr Okpo was being questioned by the Police Quick Intervention Unit in Ikot Akpan Abia due to the petition from Mr Bob.

The PDP described the issue as "ex facie civil in nature" and argued that it did not require police involvement. "We strongly condemn any attempt by highly placed people to use security agencies to hound and intimidate real or perceived opponents into political submission," the party said.

They also mentioned that their Interim National Working Committee has instructed the National Legal Adviser to form a legal team to support Mr Okpo and another unnamed party member who they claim is being targeted.

"The party will defend any of its officials or members who is arrested, intimidated or threatened in the course of exercising their fundamental or political rights protected by the Constitution," the statement added.

Legal opinion

Legal expert Augustine Asuquo told PREMIUM TIMES that while defamation is mainly a civil issue, some expressions could lead to criminal charges depending on the situation and the laws involved. "Defamation is mostly pronounced as a civil matter. However, there are some expressions which can take it to the realm of criminal defamation," Mr Asuquo said.

He cautioned that those claiming criminal defamation must prove that the actions in question go beyond ordinary civil defamation. "The only issue is that if you are charging someone for criminal defamation or both criminal and civil, be ready to prove that it does not fall within civil defamation because the burden is on you," he explained.

Mr Okpo’s arrest follows just four months after the police named Manfred Ekpe, the publicity secretary of the African Democratic Congress in Akwa Ibom, as wanted over claims of cyberstalking and threats against Governor Umo Eno of Akwa Ibom. This police action has drawn criticism from civil society groups and lawyers who are concerned about the increasing use of law enforcement in political disputes and online discussions.