DEFAMATION OF FEMI FALANA: Inibehe Effiong Ropes VeryDarkMan’s In Legal Cobwebs Over Bobrisky’s Bribery Scandal Linking Falana, Others (A MUST READ)

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THE Alleged bribery scandal of Bobrisky video linking Faltz, Femi Falana and Controller of Prisons released by VeryDarkMan is generating controversies from the legal angle as released a Human Rights Activist and Lawyer, Inibehe Effiong.

 

Effiong condemned the action of VeryDarkMan for reportedly indicting Falana through Bobrisky audio without hearing from Falana and Faltz before releasing the video for public consumption on Social Media.

 

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@InibeheEffiong
DEFAMATION OF FEMI FALANA

Saying that you expected Femi Falana to write to Bobrisky and not you who actually published the defamatory matter, is just a demonstration of your acute lack of knowledge of the law of libel.

 

Even if you want to plead the defence of fair comment in court, your personal and highly prejudicial comments makes it improbable for you to prevail.

Emotion is one thing, law is another.

 

In the law of defamation, innuendos are actionable. You don’t need to mention names or be direct.

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If reasonable and right thinking members of the society can deduce from your statement that you were referring to the claimant, and that the claimant’s estimation is lowered on account of your statement, you are liable.

 

It is elementary law that there is a distinction between the writing or authoring of a defamatory matter and publication of a defamatory matter.

 

Publication arises when what is said or written is brought to the notice of the whole world or third parties. That is what gives rise to a cause of action and not the mere authoring of the matter.

 

Assuming the audio is credible, the person who recorded it only authored it. I am using the word “assuming” intentionally because Falz has strongly disputed the substance of his conversation with Bobrisky.

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Bobrisky did not publish the audio.

The person who published it is primarily liable for the injury suffered by those affected by it.

 

When articles are written in newspapers, those who are aggrieved will ordinarily sue the newspapers, and may decide to also join the author(s) of the article(s).

 

Asking Falana to approach Bobrisky and not you is ludicrous. The law does not work that way.

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I am passionately interested in sanitizing our country’s institutions. I know that the Correctional Service in Nigeria is corrupt and requires radical reforms.

However, if you’re going to accuse a lawyer or anyone for that matter of aiding a prisoner to avoid jail time or to serve imprisonment outside the custodial centre, you should have solid facts to substantiate it.

If you’re going to propagate that a lawyer wanted to pervert the cause of justice through bribery or any other way, you should have more than ‘courage’.

 

You didn’t just publish the purported audio, you went ahead to offer personal opinions and commentaries which has adversely impacted the reputation of Mr. Falana.

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You even said you’ve lost respect for him, and that someone who defended Fela shouldn’t be involved in such act. Is that still within permissible limits of fair comment?

 

The fact that many people online have made negative comments about Falana on account on your publication is evidence that his reputation has been lowered.

 

If Bobrisky wanted a pardon and briefed Falana to make the application on his behalf, is Falana supposed to do so pro bono? Now that Mr. Falana has denied ever having such discussion with Bobrisky, you are still grandstanding and asserting that you haven’t defamed him.

 

Suggesting that Falana demanded for N10 million to bribe someone to facilitate application for pardon is a grave allegation.

 

By the way, the said audio is not from a phone conversation between Bobrisky and Falz. It is supposedly between Bobrisky and a yet to be identified third party. This makes the case of defamation more compelling. If you have the voice record of the call between Bobrisky and Falz that substantiates your assertions and innuendos, put it out for everyone to listen to. If you don’t have it, you will need more than grandstanding to succeed.

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I support NBA’s call for an independent investigation into Bobrisky’s case.

 

However, the man whose reputation you’ve lowered has every right to seek redress.

 

By the way, when you received the audio, did you make any effort to verify it? Did you confront those mentioned in it before you published it? If all that you wanted was for investigation to be carried out, why did you make highly prejudicial comments on the matter?

It is easy to play to the gallery.”

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