Victor EzejaFrom what looked like a mere customer review of a product, the matter between Chioma Okoli and Ersico Foods, producer of Erisco Tomato paste and others, has escalated into a court case, even as many in Nigerian and abroad have condemned the company’s action against the woman.
Reuben Abati, Co-anchor of Arise News breakfast programme, Morning Show, has expressed concerns that the way the matter is going shows that there is still a big challenge with the protection of consumer rights in Nigeria.
Mrs Okoli, a 39-year-old entrepreneur, who is said to be heavily pregnant, is facing prosecution by Erisco Foods after she posted a review of one of his tomato paste products on Facebook.
She was subsequently arrested and is being tried by the Nigerian Police Force (NPF).
Okoli is being charged with breaching cybercrime laws and may face up to three years in jail or a fine of N7 million, or both. Additionally, she could face a seven-year sentence if convicted of conspiring against the company and Erisco Foods Limited is also suing her for damages of N5 billion, citing reputational damage and loss of suppliers.
The case sparked a protest recently in Lagos, with many calling for her release, saying she was simply exercising her right to free speech. This came after the Erisco Foods founder, Eric Umeofia, refused to drop the lawsuit. Umeofia said he would not drop the lawsuit against Okoli and would rather die than allow someone to tarnish his image.
Mrs Okoli is being represented in court by popular Nigerian human rights lawyer, Inibehe Effiong.
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Many netizens have criticized Umeofia’s action, saying that by going after Okoli for making what they described as “a mere customer review”, he is simply using a sledgehammer to hit an ant.
Reacting to the matter, via his X handle, a former lawmaker, Senator Shehu Sani, described the development as bad publicity for Nigeria.
Senator Sani, a former Senator representing Kaduna Central in the 8th Senate, who is also a human rights activist wrote: “Nigeria is in the news all over the world for detaining a woman for reviewing a tomato paste. Most of the commentators mocked at us. This is bad publicity.”
The matter has drawn international attention as different international media like CNN, New York Post, Daily Mail, and Daily Star among others, are reporting on the story.
Meanwhile, the NPF said she also has a case to answer regarding her actions in relation to the Cybercrime Prohibition and Prevention Act of 2015.
Commenting on the case, Abati, a former media adviser to ex-President Goodluck Jonathan, who is also a lawyer, said it is not the duty of the Police to determine whether Okoli has breached the Cybercrime Act or not but the court.
Abati said that by the time the matter is over, the Ersico Foods founder would probably realise that all his actions so far is counterproductive when compared to the implications of the ongoing negative publicity on his company’s brand image.
“I hope that when all of these are over, he would probably realise that the step he has taken has been counterproductive,” Abati asserted.
He added that when the matter is over and Umeofia does a review for everything, he would realise that it would have been better to ignore the comment made on Facebook than go to court.
He added that with people heaping a barrage of criticisms on Umeofia and presenting Okoli as a victim, Erisco Foods’ objective of setting out to prosecute the woman appears to have been defeated and the whole thing seems to be turning against him given the potential damage to his products.
Abati added that Umeofia has inadvertently turned Okoli into an international citizen as many voices across the globe are now speaking and fighting for her.
“He has turned Chioma Okoli into an international citizen. The whole world is fighting for her and they are seeing her as a victim, even without the case being determined in court. So, in the court of public opinion, Mr. Umeofia has already more or less lost. He could have handled the matter differently,” Abati stated.
He added that Mr Umeofia could have seized the opportunity when Okoli’s lawyer opted for out-of-court settlement, to use the woman to help advertise his products and avoid attracting negative publicity as the case may be now.
He maintained that a consumer has a right to make a comment about his perception of a product adding that customer reviews are not always positive.
He said all of these show that consumers still face a lot of challenges in exercising their rights in Nigeria.
“We still face the challenge in terms of consumer protection in this country. What are the rights of a consumer? Can a consumer do a review? Can a consumer express an opinion, is there something here like freedom of expression?” Abati queried.
He further noted that Erisco Foods needs to prove in court the damages that it has suffered as a result of Okoli’s comment.
“Erisco Foods needs to prove in court the damages that they have suffered as a result of that. So it’s not enough to just say ‘you have defamed our company’. You must prove the damages and the quantum of the damages and it’s for the court to decide. It is not as if it is automatic.”
He called on those who are already convicting Mrs Okoli on social media to allow the court to take a decision and urged Mr. Umeofia to see the need to discontinue the case.
Victor Ezeja is a passionate journalist with six years of experience writing on economy, politics and energy. He holds a Masters degree in Mass Communication.
