An Ibadan based businessman, Mr Dapo Davies has demanded a retraction of an alleged defamatory remark of land grabbing and fraudulent conversion of land aired against him on Agidigbo 88.7 FM on Saturday, 9th of November, 2024.
Davies through his lawyers, Babatunde Oni & Co are demanding publication of apology in Three specified National Newspapers.
Davies also said failure to comply with the demands will lead to instituting of a legal procedure against Agidigbo FM in the sum of N500million damages.
In a letter written by its Solicitor, Babatunde Oni (SAN) & CO., Dated 14th November, 2024 titled ” Defamatory Remark of Land Grabbing And Fraudulent Conversion of Land on Your Radio Programmes Against Dapo Davies: Demand For Retraction”, Dapo Davies’ Solicitor , Babatunde Oni, (SAN) & CO. said, “We must state at this juncture that your broadcast of 9th November, 2024 Viz: Kokoro Alate and Yoruba news broadcast in respect of the subject under discussion is defamatory for the following reasons: Your broadcast expressed in Yoruba language, ( …Ile ti ogbeni Dapo Davies fe fi girimon Kai so di tie….”) paraded our client as a land grabber.
“The same broadcast paraded our client as one who fraudulently converted a land. Your broadcast expressed in Yoruba language, ( …eni ti won fi moto awon woda gbe losi Court ….”) ,paraded our client as a criminal who was conveyed with Warder’s van
“Your innuendo expressed in Yoruba language, ( lati ojo alamisi ni won ti pale remo, ti wonsi fi oju re ba ile ejo lojo eti….”), alleged that our client slept in custody from Thursday and was eventually remanded in prison.
“It is worthy of note that our client is not a land grabber as broadcasted ; neither was he conveyed with Warder’s van, nor slept in custody as portrayed by your broadcast. You need to also note that the imputation of crime on our client has adversely affected his reputation and business both within and outside Nigeria.
“We must equally state that your act of spreading false information and manipulating facts with the intent of exposing our client in contempt and ridicule is actionable both in civil and criminal law; specifically Section 375 of Criminal Code , and cyber bullying under Section 24 of Cybercrimes ,( prohibition, prevention Etc.) Act , 2015, (as amended).
“Similarly, it has been held in a plethora of Nigerian Judicial authorities including the case of Basorun v. Ogunlewe, ( 2000) INWLR ( PT640) 221CA, that defamation, spoken or written, is always actionable and even if damages is not proved, the law will infer damages.
“Against the backdrop of the foregoing, we hereby demand the following: Daily retraction of the defamatory remarks on our client for.a continuous period of Seven ( 7) days. Newspaper publication of the said retraction in three national newspaper:
“A written apology to our client through our office, Sum of Five Hundred Million Naira,( N500,000,000) damages”.
Davies’ Solicitor, Babatunde Oni (SAN) & Co. said failure of the Agidigbo,88.7 FM to comply with its demands within three days of Service of the letter , (including the date of service)will leave it with no other option than to ” perfect our client’s next instruction, which will but not limited to instituting both civil and criminal charges against your office and the person involved”.
