Court convicts ex-soldier over TikTok videos against NDA Commandant

Other allegations in the original charges involved claims that Ogunleye possessed intimate photographs of the officer and threatened to release materials concerning him.

The charges were filed under Section 24(1)(b) of the Cybercrimes (Prohibition, Prevention, etc.) Act 2015, as amended in 2024.

According to the prosecution counsel, Suraju Muhammad of the Force Criminal Investigation Department, FCID, the matter began after a direct criminal complaint was referred to the Force CID Annex in Kaduna on September 7.

Muhammad said the police invited Olatoye to formally adopt his petition before beginning investigations.

He added that investigators travelled to Lagos, where Ogunleye was arrested on September 12. She was subsequently taken to Kaduna and remanded in custody on September 14.

The police filed the five-count charge on October 5 after completing their initial investigation.

However, the parties later reached a plea bargain agreement under Section 270 of the Administration of Criminal Justice Act 2015. Under the arrangement, Ogunleye admitted guilt to the first two counts, while the prosecution agreed to withdraw the remaining three.

The agreement, dated November 9, was presented to the Federal High Court and formed the basis of Tuesday’s judgment.

Under the terms, Ogunleye must pay N250,000 for each count, bringing the total fine to N500,000 payable to the Federal Republic of Nigeria.

She was also ordered to publish a public apology in two national newspapers within 14 days of sentencing. The wording must first be approved by the complainant’s lawyer.

The former soldier must also refrain from making any further statements or publications about Olatoye through social media, text messages, spoken communication or any other channel.

She is equally prohibited from contacting him directly or through another person.

The agreement further requires her to delete all videos and posts relating to the Commandant from her TikTok accounts and other platforms under her control within 48 hours of her release from custody.

She must not repost, distribute or share the materials with anyone.

Any violation of the conditions during the three-year suspension period could result in her return to court to serve the prison sentence, if the breach is established.

The agreement also makes the restriction against contacting or publishing materials about Olatoye binding for life. A restraining order under Section 24 of the Cybercrimes Act will remain effective until the court directs otherwise.

During the proceedings, Justice Aikawa asked Ogunleye whether she understood and accepted the terms of the agreement. She confirmed her consent, including the restraining order, while her lawyer, J.S. Yahaya, endorsed the arrangement.

Speaking after the judgment, Mohammed Katu, a Senior Advocate of Nigeria and counsel to the complainant, said the case was resolved through negotiations after the defendant’s lawyer approached the prosecution.

He explained that the agreement allowed both parties to settle the matter without going through a full trial.

“She pleaded guilty last week, and the matter was adjourned until today for parties to file what we call the plea bargain terms,” he said.

Katu said the suspended sentence would give Ogunleye an opportunity to show remorse and comply with the court’s conditions.

“If within these three years she violates these terms, she will be brought back to serve the sentence,” he said.

He stressed that the prison sentence had not been cancelled but would only remain suspended if she obeyed the agreement.

The senior lawyer also said the guilty plea amounted to an admission concerning the two charges.

“Now, for her to have pleaded guilty means that all that she said in that TikTok is not true,” he said.

He added that any breach of the court-approved conditions could lead to the enforcement of the suspended prison sentence, subject to the court establishing the violation.