From Victor Akinkuolie, Ado-Ekiti
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A middle-age man, Olubunmi, Ayan has bagged two years jail term with an option of fine of N500,000, for posting nude pictures of his ex-lover, Arare Monica, on the social media via the Facebook
Delivering judgment on the case, Justice Taiwo Taiwo of the Federal High Court, Ado Ekiti, Ekiti State capital found Ayan guilty and convicted him in a Suit No: FHC/AD/17c/2017 filed between the Attorney General of the Federation ( AGF) Abubakar Malami (SAN) and Ayan Olubunmi.
Counsel to the AGF, simply identified as Mrs Oyewole, had disclosed to the court that Ayan had threatened to post nude pictures of his ex- girlfriend, Monica, on the social media sometimes in 2017, when the lady told him she was no longer interested in their amorous relationship.
According to the counsel, Monica, a single lady, had pleaded with Ayan, who is married with children, not to carry out his threat and he had requested for a sum of N200,000 as inducement for him to rescind his decision.
Ayan, however, posted the nude pictures of Monica as he threatened when the lady could not get him the money he demanded .
Justice Taiwo, in his verdict on Wednesday, said Ayan was found guilty of committing the crime after several evidence made available to the court, were found as incontrovertible proof that he willfully and maliciously committed the crime.
Describing the crime as disgraceful, very despicable and barbaric, Justice Taiwo said Ayan is guilty of violating Section 24 (1) of the Cyber Crime Act, 2015 of the Constitution of the Federal Republic of Nigeria as amended.
The judge, therefore sentenced the culprit to two years imprisonment, with a fine of N500,000 to be paid into the coffers of the Federal Government .
Justice Taiwo said that the jail term takes immediate effect, adding that he had been lenient in sentencing the culprit as the punishment for his crime attracted a fine of N7million and three years jail term according to the Cyber Crime Act. He said the Court tempered Justice with mercy because of the pleas of the culprit’s counsel that he has a family and he is a first offender.
The judge lamented that those who made the law issuing a punishment of N7 million and three years jail term to the persons guilty of such crimes did not make provisions for compensation for the victim. He therefore advised that such provisions should be made by law makers in a future exercise in amending the laws.
Speaking further on the nature of the crime committed by Ayan, the Judge said: “I find the act of the convict highly disgraceful, very despicable and barbaric to say the least, he has behaved true to the saying that hell knows no fury than a lover ‘s scorn. I must say that the defendant who has a wife and children at home could find it easy to demean and embarrass a woman who was having an amorous affair with him.
” It is an act of meanness to attempt to, if he has not already tarnished the image and reputation of Asare Monica. The act of the convict is very strange in our society not to talk of in Ayesegba Ekiti and Ekiti State in general where there are very proud and educated men and women and the society is so closely linked together and everyone knows one another. The world has become a global village with the emergence of the social media. Who knows who would have seen the nude pictures?
“Justice in this case demands that people like the convict should be taught a lesson that would serve as deterrent to others who may like to behave in such manner.
” Under no circumstance must Monica Asare or any of her families and relatives should be harassed by anyone. I therefore charge the police to arrest anyone found to harass Monica or any of her relatives or families and friends,” he warned.
Meanwhile, the Federation of Women Lawyers (FIDA), Ekiti State branch has said that it is a gender -based violence against the victim and totally condemn. It is a crime against humanity and a wickedness against womenfolk. It is condemnable and should not be allowed to strive in any civil society.
The state FIDA chairperson, Mrs. Adefunke Anoma, who commended this judgment said she hoped it will serve as deterrence to others who are in the habit of abusing and molesting girls.
“We also call for a review of all laws relating to GBV. It is unfortunate that for this kind of offence the law provides maximum of three years jail term and an option of fine without looking at making provisions for the adequate compensation for victims of such gory acts.
“We also use this opportunity to appreciate the efforts of the Director of Public Prosecution (DPP), in the Ministry of Justice, Ekiti State, The Nigeria Police, Ekiti State Command, Fida Ekiti Legal Team and Omobola Oyewole, Esq”
