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Tag: defamation

  • Activist seeks transfer of defamation trial to new judge

    Activist seeks transfer of defamation trial to new judge

    An activist, Boniface Okonkwo, has pleaded with the Chief Judge of Anambra State to reassign the defamation case against him from Justice Vincent Agbata to a new judge.

    Okonkwo said he no longer has confidence in Justice Agbata of the High Court sitting in Nnewi, Anambra State, after being denied bail.

    The activist was arrested on January 3 and has been in detention since then.

    Okonkwo’s arrest and detention followed a complaint by businessman Sir Emeka Offor.

    Offor alleged he was defamed by the defendant on their Oraifite town’s WhatsApp platform.

    The activist was said to have described Offor’s meter manufacturing factory in Anambra as a “decorated warehouse”.

    The police denied Offor an administrative bail before charging him.

    Although a bailable offence, being a misdemeanour, Justice Agbata denied Okonkwo bail and ordered the commencement of trial.

    The defendant said he had reasons to believe that Justice Agbata would not do justice in the case.

    In the case transfer application, a copy of which our reporter obtained through court sources, Okonkwo said the judge ordered the commencement of trial in the absence of his lead counsel.

    According to him, the case was adjourned for a ruling on his bail application.

    “On February 14, my lawyer was not in court. He sent a young lawyer to take the ruling.

    “To everybody’s amazement, Justice Agbata said he was suspending the ruling.

    “He asked the prosecution to call their witness even when the counsel who stood in for my lawyer said she did not come with the case file,” the defendant wrote.

    Okonkwo said on a subsequent date, the judge surprisingly denied him bail.

    According to him, the judge’s reason was that he lived in South Africa and as such posed a flight risk.

    The activist said the judge ignored his lawyer’s offer to deposit his international passport with the court.

    Okonkwo wondered why he would be denied bail for merely criticising Offor’s company, an offence which punishment includes an option of a fine.

    Read Also: Defamation: Iyabo Ojo reacts as Lizzy Anjorin fails to appear in court

    He fears there is a plot to ensure he remains behind bars for as long as the trial lasts.

    However, this claim could not be independently verified.

    “It is only a drunken man who would see a truck approaching and not run for his dear life.

    “If this matter is not removed before Justice Agbata, I am already convicted,” Okonkwo wrote.

    “I pray that you (Chief  Judge) will look into this matter and do justice to it.”

    The activist had earlier told reporters who approached him in court that it was not the first time he would be involved in a similar case with Offor.

    He said: “This is not the first time I would have issues with the complainant over the same defamation of character.

    “I won the previous case he initiated against me. I didn’t jump bail then.

    “Aside from being a human rights activist, I’ve positively affected many lives in my community through my NGO, as well as a youth organisation through which many were empowered.

    “As a result of these, I was honoured by my community last December. I never lobbied for it.

    “This is pure intimidation and trampling on my rights.

    “So many people criticise the President daily. How many of them has he sent to jail?”

    Okonkwo, who remains in detention, urged the human rights community to come to his aid.

  • Alleged defamation: Activist’s bail hearing delayed

    Alleged defamation: Activist’s bail hearing delayed

    The detention of an activist and social commentator, Comrade Boniface Okonkwo, may continue for a few more days as Justice Vincent Agbata of the High Court sitting in Nnewi, Anambra State will not sit today.

    Hearing on Okonkwo’s bail application was fixed for today, but it was learnt that the judge would not sit today and tomorrow.

    Okonkwo has been in detention since January 3 when he was arrested following a complaint by businessman Sir Emeka Offor.

    Okonkwo was last Wednesday arraigned over alleged defamation but was denied bail.

    Counsel for the defendant, Sebastian Okonkwo, told reporters last week: “I was not aware that my client would be arraigned. I was only called a few hours ahead to prepare for the court sitting.

    “The charge brought against him was not on cybercrime as earlier stated, but on defamation under Anambra State Criminal Code.

    “I applied for his bail, but the counsel for the complainant opposed the bail application on the ground that it is a High Court and that the application won’t be oral.

    “The matter was adjourned to Tuesday for us to file a motion for bail.

    “I expected the court to grant him bail because the law is sacrosanct and clear on that.

    “If it’s a misdemeanour, you grant the accused bail. And this is a pure case of misdemeanour, not a felony or capital offence.

    “The lawyers for the state came up with the argument that the accused, in his statement to the police, said he lived in South Africa for almost 14 years.

    Read Also: Businessman Atoyebi sues media outlet, firm over defamation

    “According to the lawyers, they’re not sure he’ll remain in Nigeria and is likely to run away if granted bail.

    “We told the court he has a surety which is the essence of bail until the matter is disposed.

    “Again, the fact that he lives in South Africa or any other part of the world is not a basis for his likely escape, unless there’s any other reason for the court to believe so.”

    “Remember, the young man was arrested in the village, and there has not been any manifest act to show that if he’ll jump bail if granted.

    “But as a lawyer who believes in the rule of law, we’ll wait for the judge to deliver his ruling on Tuesday so the young man will not continue being detained.”

    Court sources said a new date will be communicated to the parties.

    Offor and Okonkwo are from the same Oraifite community in Ekwusigo local government area of the state.

    The South Africa-based businessman had sued the Inspector General of Police IGP Kayode Egbetokun, Offor and five others over alleged unlawful arrest and detention.

    He is demanding N50million damages for his unlawful detention.

    The fundamental rights case is pending before Justice Nnamdi Dimgba of the Federal High Court, Awka Division.

  • Defamation: Buhari asks court to dismiss Atiku’s counter-claim

    President Muhammadu Buhari and his campaign organisation – the Buhari Campaign Organisation (BCO) have asked a High Court of the Federal Capital Territory (FCT) in Apo to dismiss the counter-claim made by the presidential candidate of the People’s Democratic Party (PDP), Atiku Abubakar in a defamation suit pending against him.

    Buhari and BCO had on January 22, 2019 sued Atiku, accusing him of defaming President Buhari and his family in a statement issued by his spokesman, claiming the President and his family acquired substantial shares in 9mobile and Keystone Bank with total assets of $1.916 billion (equivalent to N307.5 billion) and purchased about ?3 billion worth of shares in the new Pakistani Islamic Bank.

    But, upon being served with processes in the suit, Atiku, through his lawyers, filed a counter-claim in which he queried Buhari’s competence and sought to compel the President to pay him damages in the sum of N200 billion.

    Atiku complained about what he called the rising insecurity in the country and the plight of victims of insurgents, democratic instability in the country and lopsided appointment in the country, which he blamed on the President.

    In a fresh motion by the plaintiffs, through their lawyer, Abdulrazaq Ahmed, they argued that Atiku’s counter-claim, in which he challenged Buhari’s capacity and performance in office as the President could only be sustained in a separate suit.

    The plaintiffs contended that Atiku ought to provide documentary evidence and proof to substantiate the false and defamatory claims made against Buhari and his family, “rather than leaving the substance to tackle the trash with a motion seeking to address an entirely different matter from the substantive suit.

    “The defendant/counter-claimers claims against the 1st plaintiff (Buhari) based or on the question of the 1st plaintiff’s capacity and or performance in the office as Executive President of the Federal Republic of Nigeria can only be sustained in a separate suit or proceeding filed by the defendant against the 1st plaintiff.”

    The plaintiffs are, in the suit seeking damages against Atiku to the tune of N40m.

    BCO, in its witness statement on oath deposed to by its Director of Communication and Strategic Planning, Mallam Gidado Ibrahim, stated that Atiku and his media aide allegedly engaged in smear campaign of calumny against Buhari by wilfully allowing and sponsoring the said purported defamatory and image-damaging statements to be published by some newspapers to members of the public.

    Justice Binta Mohammed has adjourned further proceedings till April 8 this year.

     

  • Leaders, defamation and reputation  

    Tomorrow  is my birthday  and I  dedicate  this piece  to that occasion and  thank  God  for  my   life’s journey so  far  as I share  some of my life experience  in the course  of  today’s  write  up.   Today  however  is  also   the    day  of the governorship  election  in Ekiti  State   and  it  is so  important  to the opposition  PDP party of   outgoing  Governor Ayo  Fayose  that  the party  leadership  has insisted  that  its success  or failure  will  determine  if the 2019  presidential  elections will  take place.  I  take a look at the predicament  of Nigeria’s brilliant  Minister of Finance Kemi  Adeosun  and   compare   my experience  on NYSC ‘exemption’ and insist  that the exemption brouhaha should  not be allowed to derail  a brilliant  career  that  has propelled  economic growth  and development  for  our  nation. I  also   examine  two   foreign  visits by   two global  leaders  and reach  strong  conclusions on their  import  for leadership  values and character  inherent in the backgrounds  of these visits.

    Let  me comment  briefly  on the Ekiti  Governorship  Election   and  note  that  Nigerians  have  a lot  to learn  from  the results, no matter  who  wins.  At  the election  that brought   power   to  outgoing  Governor  Fayose,   the PDP,  his party  was in power in Abuja  and federal  might was unleashed against  the party  of the incumbent  governor then   who   lost  in all  local  governments in the state. Even  a Deputy Minister  of Finance  was on hand and on the ground   in  Ekiti  State to ensure that security  arrangements were  against  the state governor   then  and in  favor  of his opponent. Now  the tide has changed  and  there  was a sorry  picture   in the dailies  of the outgoing governor  mopping his face from tear gas attacks  and claiming a   policeman  had slapped  him. That  to  me is unacceptable   under  the rule   of law.  Yet   it could   be   payback time in terms of federal  might  and there   really    should be no sour grapes  on that  account.  One   could recall  that    the  governorship   candidate  from the ruling party  today   was  defamed and electorally  humiliated  when Fayose  came to power   and  that candidate  literally   lost his reputation  as a politician  of substance in Ekiti  state. In   today’s   election    however, he has federal  might behind him like Fayose  did  at  the election that brought him to power. Will  history  repeat  itself?   Certainly      what  is good  for the goose should  be good for the gander  and I wish  the good people of Ekiti  State  a peaceful election  today   with  the chosen  Governor   from   a free   and fair  election,   having   a good  journey  to the Ekiti  State House  in consonance with the wishes of the Ekiti   State   electorate.

    In  the embarrassing position on   NYSC exemption   certificate that the Minister of Finance has found  herself  I wish  to share  my  experience  on an ‘ exemption’ on NYSC  that  I got without  soliciting for it. I was  due for NYSC  from UNIFE  as  I   was graduating  before 30 years  of age   with  the NYSC  second  set but  when  the list  of postings came my name  was not on the list. My colleagues were furious and accused  me of manipulating the situation  from NYSC Lagos. I was literally  dragged in a sort of posse  by them to  the Registrar’s  Office  where  the   University  official  in charge  showed  them  the list he sent to  Lagos NYSC with my name on it. He  then  promised  my accusers  that he would check  with  Lagos  which  he  did  and I was  posted  to Maiduguri  which  made  my accusers very  happy. Years  later I met  a friend  of mine who  worked  a t the NYSC in Lagos  at the time  who said  he deleted my name  because  he thought  he was  doing me a favour. I  told him  his favour  was  expensive as it  landed me in Maiduguri capital of the then North  Eastern state  from which  six states  were  later created. I  pray  the Minister  of Finance gets  a less expensive break on her  exemption ordeal  as she has served  the nation diligently  on her present  assignment.

    Let  me now  briefly  comment  on the visits  of   both US President Donald  Trump  to  Europe  and  Britain  and that of  French  President Emmanuel   Macron  to  Fela’s Shrine in  Lagos. In  President  Trump’s case  he was visiting old allies  and friends with  who  relations  have cooled  some what   even  though  both  sides  resolved  before  and during  the meetings  that old friends  are better  than  new  and the  Europeans felt defamed  and embittered because Trump  washed their dirty linen in public by accusing them of not living  up to their financial  undertakings on defence contributions   to their mutual  defence in the North Atlantic Treaty  Organisation – NATO. To   me Trump  is the winner  in spite of the European conspiracy to  defame him  as threatening to break  an old alliance  formed  after the Second  World  War  to counter  the threat  of communism  from the former  USSR  and Communist China. Yet  the EU  nations seem  to have bought into the conspiracy  of  Trump’s  opponents  on the US  domestic  scene that  the Russians under President Vladmir  Putin helped Trump  win  the 2016 US presidential  election.  A  claim  that drives  the US   president mad  and has  seen  him  at  loggerheads  with the US  media, the FBI ,the  Democratic  Party  and even  members of the Republican  Party who  have  voiced  any doubts on the authenticity of his election  victory in 2016.

    We  shall  end up with  the visit  of  the French  President  Emmanuel  Macron  to  Fela’s  Shrine in Agidingbi. I  congratulate  the Lagos State Governor Ambode for finding time to  take  him  round  presumably  on account of diplomatic  protocols.

    Otherwise it was a very  childish  visit  for  a president  of a nation like France  to  make. If  the rationale was  to promote culture it was misdirected. Undoubtedly  Fela  was  a music  genius  and his  music  makes  him  immortal.  His  shrine was  however  at Ojuelegba  in  Lagos  and later  Ikeja   where  he was a terror  to families   that  raised small  girls in those  unfortunate  environment.  For a  French  president to visit  Nigeria  and not visit  the states where  herdsmen  slaughtered  innocent  farmers on their  grazing routes  or displaced people in the camps housing  Boko  Haram victims and survivors is  certainly unbelievable as it is unforgivable and one can  only pity  the French  people  for their  present brand  of  leadership .All    the same  –  Vive  la France!.  Once again long live the Federal  Republic  of Nigeria.

  • Defamation: Ayida files N100m suit against Toke Makinwa

    Defamation: Ayida files N100m suit against Toke Makinwa

    Maje Ayida , Toke Makinwa’s estranged husband has sued her for a whooping N100m for defamation of character.

    Makinwa, a TV host had written a tell-it-all book “On Becoming”, documenting her marriage to Ayida, a celebrity gym expert that went sour.

    In an earlier letter, Ayida’s lawyers had written to Makinwa to stop the sale of the book.

    She was also asked to remove parts of the book that was defarmatory to their clients (Ayida’s) character which she had ignored.

    Makinwa is currently on a book tour of the U.K, to sell and launch the book. (NAN)

  • TONY OKOROJI FLOORS ONYEKA ONWENU IN DEFAMATION SUIT

    FOR defaming the image of the chairman of Copyright Society of Nigeria (COSON), Tony Okoroji, veteran songstress, Onyeka Onwenu has been ordered to pay the sum of Five Million Naira and tender a public apology. This was decided by a Lagos High Court sitting in Ikeja this Thursday, June 30.

    In a judgment in Suit No: ID/935/12 filed in 2012, Hon Justice I. O. Akinkugbe (Mrs.) ordered Onwenu to tender an unreserved public apology to Chief Okoroji to be published in Vanguard Newspapers and its website.

    Reacting to the judgment, Okoroji who was in court said the ruling goesto show that justice can be obtained in Nigeria.

    “I have committed much of my life to fighting for the welfare of every musician in Nigeria and protecting the interest of all including Ms. Onyeka Onwenu. In the battle, I have spared myself no inconvenience or discomfort and countless times, I have had to risk my life, my reputation and the welfare of my family. Working with my colleagues at COSON, we have made available to musicians across Nigeria hundreds of millions of Naira as we set out with the building of the most professional, transparent and accountable organization in the history of the creative industries in Nigeria, something that was considered impossible just a few years ago.

    Reacting to the judgment, ace broadcaster and well known friend of Chief Tony Okoroji, Mr. Patrick Doyle said; “some will recall that I publicly cautioned Onyeka Onwenu when she began her ill-advised war of attrition against Chief Tony Okoroji. I told her that she was taking on the wrong guy. She refused to listen. Now, the chickens have come home to roost and she has to pay for her attempt to destroy a good man.”

  • Defamation: Omisore sues EFCC for N10bn

    Defamation: Omisore sues EFCC for N10bn

    Senator Iyiola Omisore, a former deputy Governor of Osun State, has dragged the Economic and Financial Crimes Commission (EFCC) before a Federal High Court sitting in Abuja, over alleged defamation, asking for N10bn as damages. Omisore, who said the commission erred by declaring him wanted, is also seeking an order restraining the EFCC from further publishing any libelous publication against him.

    A statement by Diran Odeyemi, spokesperson for the Peoples Democratic Party (PDP) in Osun State, claimed the plaintiff joined the spokesperson for the EFCC, Wilson Uwajaren as the second defendant. “The defendants damaged his good reputation by allegedly concocting falsehood against him and portraying him as somebody who could not be trusted in an advertorial published in The Nation newspaper of May 18, 2016,” the statement claimed.

    It would be recalled that EFCC declared Omisore wanted after he refused to honour its invitation in a case of receiving and misappropriation of over N700m between June–November 2014 from the office of the National Security Adviser. But the Senator said a court had restrained the EFCC from arresting him.

    He argued that the advertorial that newspapers published portrayed him as a dishonest person, who was seeking to evade the law. He explained that sometime in 2014, Fimex Gilt Ltd. presented some proposals to the former National Security Adviser, Col. Sambo Dasuki (retd) on some security services it could render towards combating the scourge of terrorism and influx of terrorists into the country.

  • Deposed Deji demands N500m for ‘defamation’

    Deposed Deji demands N500m for ‘defamation’

    Deposed Deji of Akure, Adepoju Adesina, is demanding N500 million from Akure chiefs for “defamation of character”.

    The chiefs, led by James Olusoga, last Tuesday addressed a briefing through the Asiwaju of Akure, Prof Olu Agbi, condemning the procession by the former monarch from the court premises to his ruling house.

    Adesina was in court to challenge his dethronement  five years after he was banished from Akure for alleged assault on his wife, the late Olori Bolanle.

    The chiefs levelled various allegations against Adesina, including “turning the stool to hide young men of shady characters, who were regular guests of the Deji”.

    But Adesina, through his lawyer, Lawrence Dare, in a letter to Prof Agbi, said the statement was too “defamatory and harsh”.

    The lawyer said: “Our client was bombarded with calls from friends and admirers, who read the wicked and offensive statement issued without lawful justification.

    “Our client has suffered irreparable damage and he is demanding a written apology, which must be published in four national newspapers.”

    Dare said the payment and written apology must be within seven days from the date of service of the letter.

    He threatened to institute a legal action, if his client’s demands were not met within the stipulated time.

  • Defamation: court orders COSON boss to pay N25m damages

    For allegedly using derogatory words against Musical Copyright Society of Nigeria Limited’s (MCSN) Mayo Ayilaran, Copyright Society of Nigeria (COSON) boss, Tony Okoroji has been ordered to pay N25 million damages.

    The order was contained in a judgment delivered by Justice Olubunmi Femi-Adeniyi of a Lagos High Court, Ikeja, in a case instituted by Ayilaran.

    The court restrained COSON from further publishing defamatory materials against the claimant.

    Okoroji, who is chairman, Board of Directors of COSON was also asked to pay N250,000 as costs , with interest on judgment sum set at 10 percent per annum from date of judgment.

    In a writ of summons dated April 16, 2002, Ayilaran accused COSON boss of defaming his character and demanded N100 million as damages.

    He claimed that Okoroji had in a letter dated December 4, 2001, addressed to Performing Rights Society Limited, United Kingdom with the heading: “PRS Activities in Nigeria: Serving the Interest of the Authors/Composers or Mayo Ayilaran?” copied to the International Federation of Societies of Authors and Composers and the Nigerian Copyright Commission, described him as a dishonest, fraudulent, difficult, problematic and dissatisfied individual.

    During trial, Okoroji did not deny authorship of the said letter, just as he alleged that Ayilaran had been operating an illegal society for many years, to which he was facing criminal charges.

    Justice Femi-Adeniyi held that the language used in the letter in question appears to have been carefully measured and was not spoken in the heat of an argument or in the prelude to a fight.

    “I find and hold that the words used therein which are disparaging of the claimant are not mere vulgar abuse but that they were used intentionally and with the motive to remove the claimant in favour with the recipients of the letter.

    “The defendant has not been able to successfully give lawful justification for the words he has used in relation to the claimant in the said letter to remove him from liability and I so hold,” the court heard.

  • ACN candidate sues newspaper for alleged defamation

    ACN candidate sues newspaper for alleged defamation

    The Ondo State Action Congress of Nigeria (ACN) governorship candidate, Mr Oluwarotimi Akeredolu (SAN), yesterday sued the state-owned Owena Press, publishers of The Hope, for alleged libel.

    The newspaper had carried a report alleging that the former Nigerian Bar Association (NBA) President committed fraud during the military administration of the late Mike Onyearugbulem.

    The report, which was published on the front page of the paper yesterday, said Akeredolu, the Attorney-General and Commissioner for Justice in the late Onyearugbulem administration, was indicted for N9.2 million fraud by the Justice Rasheed O. Fawehinmi-led judicial probe.

    The local newspaper also said the ACN standard bearer had been banned from holding any public office for 25 years.

    But in a statement in Akure, the state capital, the Akeredolu Campaign Organisation (ACO) said the frontline lawyer had challenged the report of the probe panel in a suit filed at the State High Court, Akure.

    The matter was presided over by Justice P.I. Odunwo of the same court.

    ACO said Akeredolu opted to settle the matter out of court, following apologies by the late Adebayo Adefarati administration, as agreed upon on December 10, 2002.

    A statement in Akure by ACO spokesman, Mr. Idowu Ajanaku, described the allegation as fruitless, fallacious and of no effects.

    The statement noted that the latest antics of the ruling Labour Party (LP) administration, led by Governor Olusegun Mimiko, to misinform the people of Ondo State about the credibility of its candidate, would fail.

    The statement reads: “Among other things sought by Mr. Akeredolu in the suit, after the Ondo State Government and its team of lawyers had decided to settle out of court, following apologies by the late Adebayo Adefarati-led government, as agreed upon on December 10, 2002, were that the proceeding of the judicial commission, as it affects the applicant, is hereby set aside.

    “That the decision of the Ondo State Government on the findings of the Judicial Commission, as it affects the applicant, is also hereby set aside. That the applicant will withdraw the action in the suit, which he instituted against the first to the fifth respondents, for libel. Those parties shall bear their respective costs.

    “That counsel to the parties shall execute the terms of settlement, which shall form the judgment of the court in consolidated suits…

    “Thus, following the consolidation of the two suits filed in respect of the case and non-opposition to the term of agreements by both parties, Justice Odunwo granted the prayers of the plaintiff/ applicant, Mr. Rotimi Akeredolu.

    “Justice Odunwo had said: ‘In view of the fact that the two suits …have been settled amicably out of court by the parties, on the basis of the terms of settlement filed on December 10, 2002 and on the application of Mr. O. O. Akeredolu (SAN), which application is not objected by Mr. Daniel Onukun, the terms of settlement in respect of the two matters stated above are hereby made the judgment of this honourable court.’

    “The certified true copy of the judgment of the case was dated December 10, 2002 and signed by Justice P.I. Odunwo and E.A. Orimoloye, the Principal Registrar of the court.

    “For us in ACO, the latest antics of Mimiko are those of a desperate man knowing well that his days in the Government House at Alagbaka are numbered. Why does Mimiko now embark on frivolous methods to stop Akeredolu, when he claimed that he was no match for him?

    “It is even more laughable that a governor, who has been power in the last three and a half years and a former minister for that matter, does not know that a Board of Enquiry has no legal backing to ban anybody from seeking a public office.

    “ACO wishes to educate him with the case of Atiku Abubakar vs the Independent National Electoral Commission (INEC) in 2007, in relation to the Petroleum Trust Development Fund (PTDF). In it, the Supreme Court gave a final judgment that boards of enquiry have no such powers.

    “It would also interest Mimiko and his co-travellers to know that even if the law court indicts somebody, it would only last for 10 years. The event in question, which is even false, took place in 1999, which is about 13 years ago.

    “In fact, the fear of Akeredolu has become the beginning of wisdom for Mimiko, as the ACN confidence has been boosted with various frivolous allegations. Akeredolu has since promised to submit himself to the Economic and Financial Crimes Commission (EFCC) and security agents for probe.”

    ACO maintained that no amount of these antics will save Mimiko and his LP from being voted out on October 20 as he has been rejected by the people of the State for his poor performance.