The Police prosecutor, Inspector Christopher John, who arraigned Seaking before the Lagos Magistrate had accused him of treason.
The Magistrate of Court 6, Ogba Magistrate Court, Lagos State, Mrs. O. I Raji, on Monday granted the Nigerian Tikroker, Olumide Ogunsanwo, popularly known as Seaking, bail on liberal terms.
The court also rejected a move by the Nigeria Police Force to remand him in prison for 30 days over alleged treason.
The Police prosecutor, Inspector Christopher John, who arraigned Seaking before the Lagos Magistrate had accused him of treason.
Count one of the charges against him read, “That you Ogunsanwo Olumide John 'm' a.k.a Seaking on the 18th day of December, 2024 around Noon time, at Ikorodu area of Lagos, in the Lagos Magisterial District, did conduct yourself in a manner likely to cause breach of the peace by knowingly and intentionally sending an online video through your phone via a Tiktok handle named SEAKIG303 and called on the Nigeria Youths and members of the public to beat up or throw stones at any Police Officer who stops and or demand to check their phones and thereby committed an offence Contrary to and Punishable under Section 168(d)(2) of the Criminal Law of Lagos State, 2015.”
Count two read, “That you Ogunsanwo Olumide John 'm' a.k.a Seaking on the same date, time and place, in the aforesaid Magisterial District, did provoke breach of the peace by knowingly and intentionally sending an online video through your phone via a Tiktok handle named SEAKING303 and called on the Nigerian youths and members of the public to beat or throw stones at any Police Officers who stops and or demand to check their phones and thereby committed an offence Contrary to and Punishable under Section 57(b) of the Criminal Law of Lagos State, 2015.”
Count three read, “That you Ogunsanwo Olumide John 'm' a.k.a Seaking on the same date, time and place, in the aforesaid Magisterial District, did knowingly and intentionally sent an online video through your phone via a Tiktok handle named @seaking303 calling on the Nigerian Youths to beat up or throw stones at any Police Officer who stops and or demands to check their phones which you know is tantamount to inciting violence against members of the Nigerian Police Force and thereby committed an offence Punishable under Section 24(1)(a)(b)(2)(a) and (i) of the Cybercrime Act, 2015.”
Inibehe Effiong, who appeared for Seaking along with Jeremiah Okoro, argued that the application for remand wa intended to embarrass the court and scandalise the judiciary.
He further argued, “That the charge of treason alleged was baseless.
“That the cybercrime charge is based on the repealed Section 24 of the Cybercrimes Act 2015, and not the amended Section.
“That the court should take note that the police is both the substantive and nominal complainant in the case and their intention is to punish him for speaking against the police."
The Magistrate held that the police failed to show probable cause why remand should be remanded and adjourned the case to January 16, 2025 for report of DPP advice.
The tiktoker was then granted bail in the sum of N500,000 with two sureties.
The court said the sureties should be gainfully employed and one of them should be his family member.
SaharaReporters earlier reported that Seaking’s family had raised the alarm over the “inhumane treatment suffered by the content creator while in police custody”.
The family had alleged that the TikToker was subjected to physical abuse, denied adequate food and water, and kept in deplorable conditions that have led to his deteriorating health.
One of the family members of the TikToker told SaharaReporters on Monday that police personnel have been hostile towards him.
According to the source, they have subjected him to inhumane treatment because he criticised the Nigerian police for brutalising Nigerians.
The source had said, “The policemen are very hostile to him, the IPO refused to let me speak with him. Seaking has been thoroughly humiliated in police custody.
"He looks so unkempt. Lagos police have been maltreating him badly.”
SaharaReporters had reported that Adejobi said that hurling insults at someone online is not merely a form of criticism or freedom of expression, but rather an act of cyberbullying, which it described as a criminal offence.
The Force spokesperson said this in the wake of a recent case involving a viral post by activist Olamide Abiodun Thomas.
Thomas, who was protesting the police’s use of tear gas during the fourth anniversary of the #EndSARS protests in Abuja, recorded a video following which she was accused of insulting the President’s son, Seyi Tinubu, as well as Inspector-General of Police Kayode Egbetokun and police spokesman Muyiwa Adejobi.
Reacting to Seaking’s arrest report, human rights lawyer, Inibehe Effiong, who had challenged Adejobi to provide constitutional provisions to justify that hurling insults at someone online is a crime, condemned the action of the police.
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