*Accused Of Cyberstalking Osupa
NIGERIAN musician, Habeeb Okikiola, popularly known as Portable, who appeared in court on charges of defamation of character and granted N1million bail on Monday, April 14, spent the night at the Oke Kura Correctional Centre in Ilorin, the Kwara State capital, due to his inability to meet bail conditions imposed by an Upper Area Court.
The court had ruled that his release was contingent upon providing two sureties in like sum, one of who must be either the Chairman or Secretary of the Performing Musicians Association of Nigeria (PMAN), while the other must be a property owner within a Government Reserved Area (GRA) in Ilorin, supported by a valid Certificate of Occupancy (C of O).
However, the controversial singer could not immediately fulfil the bail conditions.
The case, documented under First Information Report (FIR) 117(1) CPC, was filed by the State Intelligence Department of the Nigeria Police Force (NPF), following a petition, dated March 21, by fellow musician, Okunola Saheed Osupa, popularly known as Osupa.
The petition said that on March 19, this year, Portable made a live broadcast on Instagram, where he allegedly defamed Osupa, claiming the older musician was envious of his success and attempting to destroy his reputation.
In the said video, Portable was quoted to have said: “This man dey try bring down my shine! He be like person wey dey chop snail with shell, him no get sense. Osupa na tortoise.
“When Apple Music and Spotify wan drop money for me, na him remove my song from platform make I no see money.”
In his statement, Osupa stated that Portable’s remarks were not only defamatory and damaging, but also intended to incite public hatred and disturb the peace.
The Police said upon interrogation at the State Intelligence Department (SID), Ilorin, Portable confessed to the allegations and was arraigned under several legal provisions, including Section 392 (Criminal Defamation); Section 114 (Inciting Disturbance); Section 397 (Criminal Intimidation) of the Penal Code; Section 24(1)(b) and 24(2)(c) of the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015 and Sections 10 and 13 of the Violence Against Persons (Prohibition) Law, 2020.
According to the Investigating Police Officer (IPO), Adeniyi James (ASP), Portable, an indigene of Oke-Osa in Sango-Ota, Ogun State, was charged based on a directive from the Police authorities.
The prosecution, led by Abubakar Issa, urged the court to remand the defendant to a correctional facility, pending the conclusion of the police investigation.
But Portable’s Counsel, Adebayo Isaac, opposed the remand application, saying the Police had already granted his client administrative bail the previous day.
He argued that the defendant, being a public figure with a known and traceable address, would not evade trial, assuring the court of his client’s readiness to stand trial.
Adebayo urged the court to discountenance the submission of the prosecutor, saying the Police would have held Portable back in custody till their investigation is completed, adding: “I want to inform this honourable court that the defendant was granted administrative bail yesterday by the Police.
“Portable is a public figure with a traceable address and he will make himself available for trial if admitted to bail.”
Adebayo hinged his argument on Section 172 (1) and Sec 165 of the Administration of Criminal Justice system, noting that a critical appraisal of the sections of the law may guide the court to admit him to bail.
Magistrate Adeniyi, in his short ruling, “admitted Portable to bail in the sum of N1 million and two sureties, out of which one of them must be chairman of the Performing Musician Association of Nigeria (PMAN), while the other must own landed property in the Government Reserve Area (GRA) within the jurisdiction of the Court.”
He subsequently adjourned further trial of the case until April 30, this year, while urging all parties to maintain decorum as proceedings continue.
