Gidado Shuaib and Olufemi Alfred have been sentenced by a magistrate court in Ilorin, Kwara state capital, to a fine of N100,000.00 each or three months imprisonment over a case of criminal conspiracy and defamation brought against them.
The two were arraigned in court on a First Information Report dated November 2019 for offences bordering on criminal conspiracy and defamation contrary to sections 97 and 392 of the penal law.
Their arraignment followed a petition written against them by Hillcrest Agro-Allied Industries Limited located at Kilometre 4, Ajase-Ipo road, Amberi village, Kwara state, over a published article in News Digest, titled “Inside Kwara Factory where Indian hemp is legalized”.
According to the petitioner, the article portrayed the company, which is into rice production, as a place where Indian hemp is being smoked freely by workers.
The agro company had told the court that the article in the online publication had caused the company and the petitioner huge financial and reputational damages.
As a result of the article published in the online publication in June 2018, the company was denied a loan facility to the tune of $10,000,000.000 by a funding partner in the United Arab Emirates called Arab Group and equally lost a deposit sum of $250,000.00.
Delivering judgement on the matter after about five years of legal battle, Magistrate A. S. Muhammad said, “I have carefully considered the evidence of PW1 (Shakirat Yusuf) on the character of the convicts as well as considered the Allocutus made by learned counsel to the convicts, and I have equally reflected on the provisions of sections 316 and 417 of the Kwara state administration of criminal justice law, 2018. In compliance with the provisions under S.417 (2) (d) of the Kwara state ACJL, 2018, I shall not pass the maximum sentence on the convicts.
“Premised on the forgoing for the offence of conspiracy, I sentenced the 1st and 2nd convicts to a fine of N40,000 only each or two months imprisonment in default of payment. On defamation, the 1st and 2nd convicts have been sentenced to a fine of N60,000.00 only each or three months imprisonment in default of payment.
“For clarity, each of the convicts is to pay a fine of N100,000.00 only for the offences of conspiracy and defamation respectively, have been convicted in default of payment, the sentence shall run concurrently. Rights of Appeal exist within 30 days.”
The judgement shows that the convicts have the option of paying a total of N200,000 or serving a total of six months imprisonment.
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