Judicial Service Commission demotes Chief Magistrate over alleged issue of fraudulent arrest, remand warrant

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Nasarawa State Judicial Service Commission (NSJSC) has demoted Emmanuel A. Jatau, a Chief Magistrate II, to Senior Magistrate I over misconduct in the controversial case involving Chioma Okoli and the Nigeria Police Force (NPF).

NSJSC’s decision was conveyed in a letter dated January 6, 2025, addressed to Okoli’s legal counsel, Inibehe Effiong. The letter, signed by the commission’s secretary, Yahaya Shafa, outlined the disciplinary action taken against Jatau.

“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 stated.

The matter began on September 17, 2023, when Chioma Okoli made a Facebook post claiming she had tasted Nagiko Tomato Mix, a product of Erisco Foods Limited, and found it sugary. The company responded, labeling her claim as “untrue and unfounded.” Shortly after her post, Okoli was arrested following a petition filed by Erisco Foods’ CEO, Eric Umeofia. Her arrest drew public outrage, with many Nigerians demanding her release on social media.

The police had obtained both an arrest warrant and a remand order from a magistrate court in Masaka, Nasarawa State, leading to her detention. She was later arraigned at the Federal High Court in Abuja, where she pleaded not guilty to charges of conspiracy and cyberstalking. Initially remanded at the Suleja Correctional Centre, she was later granted bail. Amidst the legal battle, Okoli tragically suffered a miscarriage.

But, displeased with the court orders, Effiong filed a petition against Magistrate Jatau with the Nasarawa State Judicial Commission. Effiong described Jatau’s actions as “brazen,” questioning the magistrate’s decision to issue the warrants despite Okoli neither residing in Nasarawa nor committing the alleged offences there.

“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 remand) for the allegations levied against the Defendant which border on offences allegedly committed under the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015.”

Effiong further argued that cybercrime is a federal offence, under the exclusive jurisdiction of the Federal High Court. He called for sanctions against Jatau and any other officials involved, urging the commission to take appropriate disciplinary action.

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