Court convicts ex-soldier over TikTok videos against NDA Commandant
Former Soldier Sentenced in Cybercrime Case Involving Intimate Photos
A former soldier, identified as Ogunleye, has been sentenced following a plea bargain in a cybercrime case that involved allegations of possession of intimate photographs of a police officer. The charges were filed under the Cybercrimes (Prohibition, Prevention, etc.) Act of 2015, as amended in 2024.
The case was initiated after a criminal complaint was lodged with the Force Criminal Investigation Department (CID) on September 7. Suraju Muhammad, prosecution counsel from the FCID, stated that investigators formally invited the complainant, Olatoye, to adopt his petition, which led to an investigation.
Ogunleye was arrested in Lagos on September 12 and subsequently transferred to Kaduna, where she was remanded in custody on September 14. The police filed a five-count charge on October 5 after completing their investigation.
However, the parties later entered into a plea agreement under the Administration of Criminal Justice Act of 2015. Ogunleye admitted guilt on the first two counts, while the prosecution agreed to withdraw the remaining charges. The agreement, filed with the Federal High Court on November 9, became the basis for the judgment delivered on Tuesday.
As part of the sentence, Ogunleye was fined ₦250,000 for each count, totaling ₦500,000 payable to the Federal Republic of Nigeria. Additionally, she is required to publish a public apology in two national newspapers within 14 days, subject to approval by the complainant’s attorney. Ogunleye is also prohibited from making any public statements or publications about Olatoye through social media, text messages, or any other means. Furthermore, she must refrain from contacting him directly or through third parties.
The agreement mandates that she delete all videos and posts related to Olatoye from her TikTok accounts and other platforms within 48 hours of her release. Any violation of these conditions within a three-year suspension period could result in her being brought back to court to serve her original prison sentence, if established.
The restraining order against contacting or publishing materials about Olatoye is binding for life, and a provision of the Cybercrimes Act will remain in effect until otherwise directed by the court.
During the court proceedings, Justice Aikawa confirmed Ogunleye’s understanding and acceptance of the terms of the plea agreement, which was endorsed by her lawyer, J.S. Yahaya.
Following the ruling, Mohammed Katu, a Senior Advocate of Nigeria and counsel for the complainant, highlighted that the case was resolved through negotiation after the defense approached the prosecution. He noted that this agreement allowed both parties to settle the matter without a full trial.
Katu expressed that the suspended sentence provided an opportunity for Ogunleye to demonstrate remorse and adhere to the court’s conditions. He underscored that violations of these terms could lead to the enforcement of the suspended prison sentence, pending court confirmation of any breaches. He further stated that Ogunleye’s guilty plea signifies an admission of the truth of the charges against her.
