Notable legal practitioner, Barrister Godson Ugochukwu has decried the persisting web reports aimed at tarnishing the image of businessman, Sir Emeka Offor, regretting that the relative free space of the Internet is wrongly being used for the defamation of the character of the innocent.
The legal luminary said in Abuja that commentators are wrongly crossing from the permissive domains of fair comments and free speech into the forbidden territory of defamation.
Ugochukwu cautioned that he would be a bit evasive to avoid subjudice justified the resort to the courts by Sir Offor over comments by one Mr.
Boniface Okonkwo, arguing that the businessman was rightly concerned about a commentator who went overboard.
Though the businessman had in the past ignored many of those comments, the individual “went beyond the usual vulgar abuse characterising their comments on Sir Emeka Offor to level criminal allegations and make fraudulent imputations against the man”
He argued further: “let me state here an incontrovertible truth-it is within the rights of every man, wealthy or not, to protect and preserve his reputation. This is because a man is no better than his name, perception being cognitive reality. To this end and in the protection of every man’s interest in his good reputation, the human society developed the law of defamation of character”
According to Ugochukwu, to underscore the importance of that which seeks to protect, defamation was made punishable both as a civil tort and as a crime. He referred to Sections 391, 392, 393, and 394 of the Penal Code of Northern Nigeria which made ample provisions creating the crime of defamation in its various forms and punishing the same.
The lawyer continued: “Thus criminally defamed, Sir Emeka Offor, in character, sought legal advice and was properly advised by his lawyers (amongst whom I am honoured to be counted) as to his rights relative to the injurious publication. Acting well within his rights and the bounds of law, therefore, he petitioned the Inspector-General of Police through my firm, Fortress Solicitors. The IGP, in his absolute discretion and in accordance with the powers and duties of his office, approved the petition, pursuant to which an investigation was commenced by the police”
Ugochukwu added that much as it may appeal to people’s insatiable appetite for the salacious and the sensational, Sir Emeka Offor is neither a policeman nor the IGP. But the unfortunate situation which he faces is that whereas an ordinary man could have written the petition and had the same approved, a prima facie case of crime having been disclosed, when the police acts at the instance of the wealthy, it is often tarred with the blanket brush of mala fides and abuse of power.
“This is only a product of the prevalent poverty in the land and the years of bad government that has left an indelible impression in the minds of the majority that the wealthy live above the law. Yet we have seen the mighty fall. As a lawyer, I have written countless petitions for clients (by no means wealthy) to the IGP or any of his appropriate underlings in respect of even less serious offences that the deliberate attempt to destroy another man’s hard won reputation.”
The legal practitioner however commended Okonkwo for going to court to enforce his fundamental human rights. He added that he has taken the remedy open to a person who believes that his rights have been infringed upon, and at this point it is advisable that responsibility and indeed respect for the judicial process also obliterates everyone to abide the decision of the court on the matter.