By Hezekiah Oyero
A renowned businessman, philanthropist, and licensed Customs agent, Ibrahim Egungbohun, (fondly called IBD Dende by his associates), is in the news lately for the wrong reason. In recent viral social media posts, some reckless reporters under the guise of investigative journalism accused him of the crime of smuggling, gun running, and terrorism, among others.
Following the ensuing outburst of comments, reactions, and innuendoes that trailed the wrongful allegation, he is now before the Federal High Court, Abuja, to seek appropriate redress for the emotional and psychological assault he has had to grapple with since the offensive publication became a public issue.
One of the downsides of social media platforms is the increasing probability of crimes such as defamation (in this case, digital defamation), infringement of users’ privacy, and cyberbullying. Cyberbullying occurs mostly online to intentionally harass or cause harm to the targeted individuals through the sharing of a video that includes untrue comments about the victims. This is with the intent of defaming them and causing harm to their reputation.
Regrettably, some conventional media houses have gone beyond the call of duty, acting as a willing tool in the hands of faceless bloggers for the propagation of fake news even at the risk of their reputation. To be sure, the Nigerian constitution assigns the obligation of holding the government accountable to the media. Section 22 of the 1999 constitution states: “The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this Chapter and uphold the responsibility and accountability of the Government to the people.”
However, it must be stated that the Constitution is not blind to the legal consequences of wrongful discharge of this onerous responsibility especially where the principles of fairness, accuracy, and objectivity have been sacrificed for the narrow self-interest of an individual.
And rightly so because the framers of the constitution did not envisage a situation where any media house would focus its time and resources on frivolity rather than issues that matter most to the people. The Media is primarily meant to serve the overall interest of the nation. And in so far as this responsibility is concerned, there is no denying that media have contributed in many significant ways to nation-building. The role the media played in the struggle for the enthronement of the present democracy and in sustaining the development of our society cannot be overemphasized. However, media houses must be seen to continue to live up to the expectations of the people.
Media houses must focus on policy and always see the relevance of their stories to policy-making and implementations to improve journalism and minimize the circulation of fake news.
Without a doubt, writing a perfect story is not an easy task. It takes discipline, foresight, research, and strategy to conjure a balanced story. But when it is done right, it ends in total victory.
Unfortunately, fake news has become a big thing in the field of Social Media Journalism in Nigeria. Like Fabrizio Moreira rightly said: “Fake news can be as simple as spreading misinformation or as dangerous as smearing hateful propaganda.”
In our present situation where there is increased reliance on social media, ethical questions in journalism have become a big issue. This is sadly so because editors who act as gatekeepers are no longer thorough in verifying materials gathered from social media before publishing. Again, because fake news is cheap to produce, there is no longer adherence to fact-checking and cross-referencing sources as vital aspects of news writing.
It is, therefore, imperative for media houses to adhere to the essential values of accuracy and truthfulness in ethical reporting to avoid grave legal consequences of unverified stories. Where that is not done, there could be a dangerous descent into hate-based harassment. That underscores the need for the regulation of social media to create a balance between access to and freedom of information and the rights of others and society itself to be protected from abuse.
The moral and legal consequences of a general lack of objective balance between the two dynamic issues of access to and freedom of information in news circulation is what the Court is about to decide in the ongoing proceedings of the suit filed by Egungbohun against Fisayo Soyombo, an investigative journalist, the Foundation for Investigative Journalism and the Arise Media Group.
In the suit he filed through his team of lawyers led by Mr. Bola Aidi (SAN), he said he was on several occasions, through posts that were shared on a social media platform, X, described as the biggest smuggler in the South West region of the country.
Not only that, he also told the court that he was equally wrongly accused on the micro-blogging platform of smuggling bullets and guns to the eastern part of Nigeria.
He further averred that a series of defamatory posts that were made against him by the defendants had tarnished his hard-earned reputation and caused him a loss of goodwill.
As the Court proceeds in its trial of the case, one thing is sure: No matter how long it takes, the long arm of the law will catch up with those who takes delight in inflicting injuries on others in the name of journalism and social media freedom. Nothing is wrong with social media freedom but everything is wrong with irresponsible use of the platform to bring down others.
For the avoidance of doubt, the height Alhaji IBD Dende, a renowned socialite and philanthropist, has reached in his career trajectory is not by sudden flight. He already had the foundation of his success laid in a sound relevant education before he took a plunge into the business world. Born and raised in Ebute-Igbooro in the Yewa axis (Yewa North Local Government Area) of Ogun State, he holds a Master’s degree in Leadership from the Commonwealth University. He also acquired knowledge in Business Art and Technology from the London Graduate School. From the onset of his career, he has continuously expanded his expertise by completing several business courses online.
He began his career in clearing and forwarding and gradually diversified his business interests into multiple sectors including the hospitality industry. Apart from his endeavour as a licensed Customs agent, he has also demonstrated exceptional entrepreneurial skills in quarry and mining, automobile sales, and real estate.
Today, his company, IBD-Impex, has become one of the fastest-growing privately-owned companies in Nigeria. Under the subsidiary, IBD Hotels, he has established a leading brand in the hospitality industry within Ogun State, making significant contributions to the local economy through employment generation and actively supporting the communities in Yewa land.
Outside the business circle, he has also worked assiduously to earn his reputation as a philanthropist and a socialite with a network of friends and associates across all walks of life, including President Bola Ahmed Tinubu and Governor Dapo Abiodun.
As a testament to his contributions to the socio-economic development of the state, he has earned several reputable awards of honors from prestigious organizations, both locally and internationally. These include, among others, the Chartered Fellowship Award from the International Association of World Peace Advocates, the Outstanding Award from the Oduduwa Development Initiatives, and the Distinguished Merit Award from the Yewa People Development Council.
His dedication to serving humanity and supporting noble causes has also been acknowledged by organizations such as the Lions International Abeokuta Lions Club, the National Community Ethics and Value Environmental Compliance Corps, and the Arewa Gamji Emirate Royal Council.
As the founder of the IBD Foundation, a charitable organization that has transformed the lives of many individuals, he has done a lot in putting a smile on the faces of the underprivileged in the society.
On account of his numerous contributions to the growth and development of his community, a traditional monarch, the Eselu of Iselu in Ogun state, Oba Akintunde Akinyemi, had to risk his hard-earned reputation by writing an open letter to the 3rd defendant on the defamatory and damaging nature of a documentary that was aired against Dende. “In the said open letter, the monarch advised the 1st and 3rd defendants to desist from further defamation of his subject and to always verify their claims before feeding it to the public.” But the plea fell on deaf ears.
The rest is in the law court. In a case like this, the onus of proof lies on the accusers. The suit reads in part: “The claimant’s hard work, integrity, dedication and tenacity have given him business goodwill among well-meaning Nigerians and have enabled the claimant to establish business and personal relationships with top Nigerian businessmen and politicians including Nigerian President, His Excellency, Bola Ahmed Tinubu, incumbent Governor of Ogun State, His Excellency, Dapo Abiodun, amongt several others,” Dende averred in the court process.
Citing examples of some of the posts that were shared against him, Egungbohun further added that: “The claimant avers that in the defamatory post of 26 March 2024, the vivid description given by the 1st defendant on how the bullets and guns alleged to have been smuggled in by the claimant were pierced into their component parts, smothered with black nylons just how turkey is packaged, lumped together with turkey as though the real import is turkey, and smuggled to eastern Nigeria with the knowledge of a particular Customs officer in Zone B shows that the 1st defendant was either present at the time of smuggling/partook in the smuggling of the bullets and guns, or that he was present and saw when the guns and bullets were smuggled into Nigeria.
“The claimant avers further to paragraph 35, that the defamatory statement of the 1st defendant that the claimant smuggled bullets and guns to eastern Nigeria is an innuendo which infers that the claimant is a sponsor of the insecurity and terrorism in eastern Nigeria.
“The claimant states that the defendants’ tagging of the claimant as a smuggler, gun runner, terrorist, etc. is outright falsehood and defamatory of the claimant’s hard-earned reputation and character as the claimant has never engaged in the act of smuggling, gun running, terrorism or any other illegal act,” among others.
Furthermore, “the claimant avers that the defendants’ derogatory post, publication, and remarks have soiled his hard-earned reputation before his friends, business associates, colleagues, and clients.
“The claimant avers that the defendants in defaming and assassinating his name and character with reference to his goodwill and relationship with prominent Nigerians, deliberately seek to malign the claimant’s name and reputation before his friends, business partners, and political associates,” noting that the “claimant’s good name and reputation have been smeared for life by the libelous posts of the defendants.”
“The claimant puts the defendants to the strictest of proof of all the defamatory and derogatory allegations made against him.”
Consequently, the claimant, among other things, prayed the court to hold that he was defamed, as well as to issue an order to compel the defendants to retract the libelous statements and tender an apology to him through their various platforms.
Apart from seeking a restraining order against the defendants, the claimant is also praying the court to award N5 billion to him as general damages and another N10 million to cover the cost of the litigation.
Court action is one of the options available to the victims of defamation. Depending on the merit or demerit of a case, defamation carries some potential damages and legal consequences. Part of the reason some media practitioners in Nigeria engage in defamation is a general lack of consequence for their actions or inaction. In this matter, the burden of proof is on the defendants. Therefore, to come out of the case unscathed, they must produce evidence to prove the defamatory imputation is substantially true. With the current lack of restraint, it will be easier for the proverbial camel to pass through the eye of the need than the defendant to escape the wrought of the law.
● Oyero writes from London, UK
