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The Nasarawa State Judicial Commission has demoted Emmanuel Jatau, a chief magistrate, over misconduct in the case involving Chioma Okoli and the Nigeria Police Force (NPF).
The judicial commission demoted Jatau from chief magistrate II to senior magistrate.
The decision of the commission was contained in a letter dated January 6, 2025, and addressed to Inibehe Effiong, Okoli’s counsel.
The letter was signed by Yahaya Shafa, secretary of the commission.
“Consequently, I have been directed by the Hon. Chief Judge of Nasarawa State and Chairman Judicial Service Commission to write and inform you that Hon. Emmanuel A. Jatau has been demoted by a grade level lower than his current grade level i.e from Chief Magistrate II on GL 15 to Senior Magistrate I on GL 14 and stripped of his magisterial duties,” the commission said.
BACKGROUND
On September 17, 2023, Okoli 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.
Erisco Foods Limited had described her claim as untrue and unfounded.
Days after the Facebook comment, Okoli was arrested by the police following a petition by Eric Umeofia, president and CEO of the company.
Her arrest sparked outrage on social media as many Nigerians called for her release.
The police had obtained an arrest warrant and remand order from a magistrate court in Masaka, Nasarawa, to that effect.
Subsequently, Okoli was arraigned at the federal high court in Abuja but she pleaded not guilty to the two counts of conspiracy and cyberstalking.
She was initially remanded at the Suleja correctional centre but later got bail.
Amid the legal battle, she suffered a miscarriage.
THE PETITION
Displeased with the remand order, Effiong petitioned the Nasarawa State Judicial Commission.
In the petition, Effiong argued that it is “brazen” for the magistrate to issue arrest and remand warrants against his client, who is not residing in Nasarawa and has never visited the state.
The lawyer also stated that the alleged offences were not committed in Nasarawa state.
“Fundamentally, the Chief Magistrate Court, Masaka, Nasarawa State lacks the jurisdiction (territorial jurisdiction) to entertain the applications for warrant of arrest and warrant of commitment to prison on remand,” Effiong wrote in the petition.
“The alleged offences were not committed in Nasarawa state nor is the Defendant living in Nasarawa State.
“We submit respectfully that a Magistrate Court has no jurisdiction to make any order or issue any warrant whatsoever (whether for search, arrest or demand) for the allegations levied against the Defendant which border on offences allegedly committed under the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015.
“This is simply because cybercrime is not only a Federal offence, it is one that the law creating the offence has donated exclusive jurisdiction to the Federal High court not only for the trial of alleged offenders but also for pre-trial investigative actions.
“We respectfully seek your Lordship’s intervention to investigate and appropriately sanction the assumed Magistrate (HON. E. A. JATAU ESQ.) on his/her involvement in this messy desecration of the judicial process and also invite any other official found culpable for necessary sanction.”
