- There was a face-off between the magistrate and the police prosecution over plea taking
- The Magistrate admitted the defendant to bail in the sum of N2m
- The matter was adjourned to August 3, 2023
A businessman, Amarah Kennedy, who resorted to revenge porn and started circulating nude photos of his former lovers after they fell out has been arraigned by the police.
Within Nigeria had reported how Kennedy splashed the nude photos of two women he had an affair with on social media and instant messaging platform to humiliate and spite them but he was later arrested by the police.
However, he was on Wednesday arraigned at a Chief Magistrates’ Court, in Ogba, Lagos and slammed with a six counts charge of provocation, unlawful conversion of funds and publication of nudes on social media without the consent of the persons.
The charge read in part, “That you, Amarah Kennedy, sometime in September 2022, in a hotel, at Olodi Apapa, Lagos, in the Lagos Magisterial District, insulted, annoyed, disgraced and/or provoke one Adams Kadijal Gbemisola without her consent did share her nude in the social media and thereby committed an offence contrary to and punishable under Section 24 of the Cybercrime Stalking (Prohibition and Prevention) Act, Laws of the Federal Republic of Nigeria, 2015.
“That you, Amarah Kennedy, on June 4, 2023, at the Olodi Apapa area of Lagos, in the Lagos Magisterial District, insulted, annoyed, embarrassed, provoke one Nne Esther Ogbuji ‘ without her consent shared her nude picture on Facebook and thereby committed an offence punishable under Section 24 of the Cyber Stalking (Protection and Prevention) Act Law of the Federal Republic of Nigeria, 2015.”
Though the charge was read to him, the court did not take the defendant’s plea.
Chief Magistrate A.O Layinka thereafter granted him bail in the sum of N2m with two sureties in like sum.
She ordered that the case file be duplicated and sent to the Office of the Directorate of Public Prosecution for legal advice.
She thereafter adjourned the case to August 3, 2023, for legal advice.
A minor drama had earlier ensued in the courtroom when a Magistrate who earlier stood in for Layinka, ordered that Kennedy takes his plea while the charge was being read to him.
The police prosecutor, Cyril Ejiofor, however, disclosed that he had submitted a remand application before the court and therefore the defendant cannot take his plea.
Miffed by the development, the magistrate asked the prosecutor if he wanted to take over the case from her, and thereafter stormed out of the courtroom.
After about seven minutes, she returned accompanied by Layinka.
This led to another moment of confusion in the courtroom as she also directed that Kennedy takes his plea, but after the confusion, ordered again that the charge should just be read to him.
The prosecutor, Ejiofor after the charge was read, prayed the court to grant the remand application before it and remand the defendant to the Gender Unit of the Lagos State Police Command for 21 days.
The defence counsel, led by O. Ogunolole, however, objected to the application, describing the offences as bailable.
The magistrate, in her ruling, stated, “After a careful review of the six-count charge and remand application dated July 12, 2023, the offences of the defendant show no allegation of threat to life, no allegation of sexual violence.
“I hereby refuse the remand application and the defendant is admitted to bail in the sum of N2m with two responsible sureties in like sum.”