PART 2: ANALYSING VERYDARMAN’S DEFENCE TO HIS ALLEGED DEFAMATION OF MR FEMI FALANA (A Reaction to Deji Adeyanju & Partners)

 

By Sylvester Udemezue et al.

 

Following the outburst by Mr Martins VINCENT Otshe aka, VeryDarkBlackMan or VeryDarkMan) against Femi Falana, SAN, among others in re Bobrisky prison tales, Mr Falana had written to demand apology and retraction, claiming Mr Otshe’s outburst against him was defamatory. In response to Falana’s demand, Deji Adeyanju & Partners writing as Solicitors to Martins VINCENT Otshe, declared that their client (Mr Otshe) had done nothing more than share Mr Bobrisky’s voice note. According to Deji Adeyanju & Partners, their client had done nothing wrong against Falana whom as the Law Firm says, their client holds very high. It was in reaction to the letter by Deji Adeyanju & Partners, that I wrote as follows:

 

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However, by way of rejoinder to mine, a respected learned friend who happens to be both a great bar leader and my bosom friend, Mr Paschal Ugwuanyi, wrote thus:

 

“If a lawyer applies to have a discussion with an inmate of a prison, on approval, the welfare officer stays close to the lawyer and the inmate to monitor the conversation or discussion as it lasts. Do we still assume that this procedure was followed while the alleged conversation between the Learned Silk and Bobrisky on telephone lasted? If it wasn’t followed, what is the implication? I think, we are assuming too much on this issue. I just wish to believe that the respected Learned Silk never put any call to Bobrisky while he was in the prison or that prior to allegedly making the call, he applied and got the permissions of the prison authority to put a call to Bobrisky. In my mind,those are the only available defences to Learned Silk and I rest my case on this issue.”

 

On his part, learned Ken Ahia, SAN had this to say:

 

“I agree with you [i.e., with Udems] on this . Secondly, the said Bobrisky could be mentioning Falana’s name for legitimacy of the demand he is making to a friend for support. Falana, did no wrong in advising a client on options available.”

 

Meanwhile, in reaction to Mr Ugwuanyi’s friendly rejoinder, I asked the following questions:

 

” [Mr Ugwuanyi]:

1️⃣. ?

3️⃣. e /inmate?”

 

Mr UGWUANYI’S RESPONSE:

 

“Udems I will answer your question by telling you that on few occasions inmates of prison called me on phone and introduced themselves as inmates of the prison, i promptly ended the call with a promise to visit them at the prison and i visited as promised. But the case at hand is not even about inmates of prison calling a lawyer,rather, it’s about a lawyer allegedly calling inmate of prison. I hope you have not disputed the mandatory procedure of a welfare officer of prison being close to lawyers while conversations between them and any inmates of the prison maybe going on. If you accept that this procedure is a mandatory procedure in every prison or Correctional Centers in the country,what do you say about the breach of the procedure?”

 

MY FURTHER COMMENTS, IN REACTION TO UGWUANYI’S:

 

“‘ , , with due respect, sir; , in Nigeria.

 

I have questions for you, sir: 22 ukes of rofessional induct for Legal Practitioners in Nigeria, 2023, [as a lawyer] . Now, I ask you,

(A). ?

 

(B). , , , , ? , put differently, , , , , , with your client?

 

(C). 22 — , , , , ??

 

(D). If no, then w ?

 

(E). Meanwhile, habits [of use of ICT) ?

 

 

Dear Mr Ugwuanyi, sir, phone n , , , ‘ pl .

may not have /integrated law . If this is so, please permit me suggest to you that these ‘ ( ) , illegal or ? , .

 

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(4). ‘ & — ‘ ‘ ‘ , . ‘ & , , ( ) , , — , ‘ said both , .

 

HOW VERYDARKMAN DEFAMED FALANA IN THE VIDEO CLIP:

 

In the video clip, the VeryDarkMan is heard and seen saying that *”Femi Falana spoke to Bobrisky to divert justice”.* His words, in part:

 

“Falz the bad guy spoke to Bobrisky and contacted his father and his father Femi Falana spoke to Bobrisky in order to divert justice…. And the same Falz will come out and say he’s fighting against Nigerian Government, against injustice….”

 

How are the above words defamatory?

 

(A). OF FEMI FALANA: VeryDarkMan’s statement represented the learned silk (i) as one who had attempted to divert justice and (ii) as one who is a hypocrite.

 

(B). FALZ: By necessary, reasonable implication, VeryDarkMan, in the video clip, accused Falz of the following, among others: (1). Falz is a hypocrite; (2). Falz tried to divert justice; and (3). Falz is a homosexual.

 

Anyone who has watched VeryDarkMan speaking in the video clip would be as shocked as I am, that VeryDarkMan’s Lawyers would write a response-letter to suggest that VeryDarkMan has said nothing defamatory against Femi Falana and Falz. Unless VeryDarkMan believes in, and can prove, the truth of what he has said, it is surprising that VeryDarkMan has up till now not yet apologized. Assuming VeryDarkMan thinks he’s saying the truth, the REALITY is that he can’t rely on the said video clip for any form of support or justification for his vituperative and malignant outburst against Mr Falana. Perhaps he has other evidence outside the video clip. If not, and if he refuses, fails or neglects to apologise, then he is for bigger law-troubles unless Mr Falana decides to let the sleeping dog lie. Mine is not a piece of advice to Mr Falana, to sue or to not sue; I am merely analysing to contribute to putting the issues in proper perspectives.

 

Please, read Part 1 of this discussion: “The Femi Falana Angle in the Bobrisky Prison-tales Controversy” By Sylvester Udemezue [published 26 September 2024 in LawAndSocietyMagazine)

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(27/09/2024)