A Federal High Court sitting in Kaduna has convicted Ruth Ogunleye over defamatory TikTok videos against the Commandant of the Nigerian Defence Academy, NDA, Maj.-Gen. Oluyemi Olatoye.
Delivering the judgement on Tuesday in Kaduna, Justice Rilwan Aikawa sentenced Ogunleye to a fine of N500,000 and one year imprisonment on each of two counts, with the custodial sentences running concurrently.
However, Aikawa suspended the two-year custodial sentence for three years under a plea bargain agreement.
The judgment followed an agreement reached between the prosecution and the defendant pursuant to Section 270 of the Administration of Criminal Justice Act (ACJA) 2015.
Ogunleye was initially arraigned on a five-count charge instituted by the Inspector-General of Police, IGP Olatunji Disu, over alleged defamatory videos circulated through her TikTok account, @ogunleyeruthsavage, in August 2026.
The prosecution accused her of intentionally transmitting and publishing videos containing allegations against Olatoye, knowing them to be false.
The publications allegedly sought to cause annoyance, insult, injury, hatred, ill will and damage to the reputation of the senior military officer.
One of the charges centred on a TikTok video captioned, “Maj.-Gen. Yemi Olatoye is responsible for my death”, in which she allegedly displayed his photograph.
Another count concerned a publication captioned, “I go post your oga own too, your oga own dey my phone”, in which she allegedly referred to the NDA Commandant.
The five-count charge also contained allegations relating to claims that she possessed intimate photographs of the senior military officer and threatened to publish materials concerning him.
The offences were brought under Section 24(1)(b) of the Cybercrimes (Prohibition, Prevention, etc.) Act 2015, as amended by the Cybercrimes Amendment Act 2024.
Information obtained by the News Agency of Nigeria (NAN) from the prosecuting counsel, Suraju Muhammad, of the Force Criminal Investigation Department (FCID), Kaduna, indicated that the case originated from a Magistrate Court in Kaduna.
Muhammad, who is the OC Legal, Force CID, said the matter was referred to the AIG, Force CID Annex, Kaduna, on Sept. 7, following a direct criminal complaint.
He said the police commenced investigations by inviting Olatoye to formally adopt his petition.
According to him, the investigators subsequently travelled to Lagos, where Ogunleye was arrested on September 12.
She was moved to Kaduna on September 13 and remanded in prison custody on September 14, on cognisance by the Magistrate Court.
Muhammad said the police filed a five-count charge against her on October 5, following the conclusion of the initial investigation.
However, following negotiations between the parties, a plea bargain agreement was reached, under which Ogunleye pleaded guilty to Counts One and Two.
The agreement provided for the withdrawal of the remaining three counts upon her conviction.
The plea bargain agreement, dated November 9, was subsequently filed before the Federal High Court and formed the basis of the judgment.
Under its terms, Ogunleye was ordered to pay N250,000 on each count, amounting to N500,000 in favour of the Federal Republic of Nigeria.
She was also sentenced to one year imprisonment on each count, with both terms to run concurrently but suspended for three years.
The agreement requires her to demonstrate remorse and undertake not to engage in similar conduct again.
It also directs her to tender a public apology in two national daily newspapers within 14 days of sentencing.
The apology must be published in a form approved by counsel to the nominal complainant.
Another condition prohibits Ogunleye from making statements, publications or communications relating to the nominal complainant.
The restriction covers spoken words, text messages, social media platforms and other means of communication, whether personally or through another person.
She is also prohibited from contacting the nominal complainant directly or indirectly.
The agreement further requires her to delete, within 48 hours of her release from custody, all posts and videos relating to the complainant.
The deletion covers her TikTok accounts and any other accounts under her control.
She is equally prohibited from republishing or sharing the materials with anyone.
It provides that any breach of the conditions during the three-year suspension period could result in her being brought back before the court.
If the court establishes a breach, she will be required to serve the suspended custodial sentence in full.
The agreement further states that her undertaking not to publish anything relating to the complainant or contact him shall remain binding for life.
It also provides for a restraining order under Section 24 of the Cybercrimes Act, to remain in force until further order of the court.
During the proceedings, Aikawa asked Ogunleye whether she understood and accepted the plea bargain terms.
She confirmed her consent, including the issuance of the restraining order, while her defence counsel, J.S. Yahaya, endorsed the agreement.
Speaking to NAN after the proceedings, Mohammed Katu, Senior Advocate of Nigeria (SAN), counsel to the nominal complainant, said the case was resolved through a plea bargain.
Katu said the defendant’s lawyer approached the prosecution after her arraignment to explore an understanding that would bring the proceedings to an end without a full trial.
He explained that the negotiations resulted in an agreement recognised under Nigerian law.
According to him, the defendant pleaded guilty to the first two counts, while the prosecution agreed to withdraw the remaining charges.
“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 court subsequently delivered judgment based on the agreement filed by both parties.
He explained that the three-year suspension was intended to give Ogunleye an opportunity to demonstrate remorse and comply with the conditions.
“If within these three years she violates these terms, she will be brought back to serve the sentence,” he said.
The senior lawyer stressed that the suspension did not cancel the custodial sentence but made its enforcement dependent on compliance with the agreement.
He added that the restrictions concerning the nominal complainant would remain binding beyond the three-year suspension period.
Katu said the conditions were necessary to prevent a recurrence of the conduct that led to the prosecution.
He further maintained that Ogunleye’s guilty plea was significant because it amounted to an admission of guilt on the two counts.
“Now, for her to have pleaded guilty means that all that she said in that TikTok is not true,” he said.
Katu said any violation of the court-approved conditions could expose Ogunleye to the suspended prison sentence, subject to the court establishing the breach.
NAN
