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Linda Ikeji fined N25m for a false post

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In 2017, Ms. Linda Ikeji, a Nigerian renowned blogger published on her popular news blogs and her other social media pages a false, malicious  and defamatory article against Mrs. Ajibola Ajayi. The post had quoted Mrs. Ajibola Ajayi to have purportedly described the protesting students of the Ladoke Akintola University of Technology, Ogbomoso, as “a generation of mannerless children”.

In 2018, Mrs. Ajibola Ajayi brought up an action in court against Ms. Linda Ikeji for libel, false and malicious post, and defamation against her person.

On Tuesday, April 12, 2022, the court gave judgment in the claimant’s Favour and held that the publication made by Ms. Linda Ikeji in her news blogs and her other social media pages is false, malicious, libelous, and defamatory against the person of Mrs. Ajibola Ajayi.

The Court further held that the publication which was made available to readers worldwide had exposed the Claimant to ridicule and subjected her to attacks and unnecessary criticism by members of the public who read the offending article.

The Court awarded general and exemplary damages in the sum of N25,000,000.00 (Twenty-Five Million Naira) against Ms. Linda Ikeji and directed Ms. Ikeji to publish a written apology to the Claimant in three National tabloids.

It is pertinent to state here that it is the trite principle of law that libel is actionable per se. This case will go further to show netizens that actions have consequences. You can not just make a false or malicious post or make up some lies against another person and post on your blogs or your social media pages in the name of “cruise” or to drive traffic to your page. If you do so and the person takes a legal step against you, you will be liable for libel and you will pay for the damages.

Vanguard Holdings Overtakes Musk, Becomes Twitter’s Highest Shareholder

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Things have shifted in Twitter soon after Elon Musk made a bid for a hostile takeover. The Twitter board seems to have activated the ‘poison pills’ to wrestle back control from the SpaceX CEO.

Poison pills, which are also known as shareholder rights plans, typically trigger an automatic stock dilution through a flood of new shares if a corporate raider’s ownership stake grows too large.

On Thursday, asset manager Vanguard Group increased its stake to 10.3 percent of Twitter, overtaking Musk who was previously the highest shareholder with a 9.1 percent stake of the company.

The development came on the heels of Musk’s $43 billion bid for a total takeover of Twitter. The Tesla CEO announced Thursday morning he intends to buy the microblogging app and take it private as it is the only way to guarantee free speech and growth for the platform.

The Twitter board met on Thursday afternoon to consider Musk’s bid. The company issued a statement saying that “The Twitter Board of Directors will carefully review the proposal to determine the course of action that it believes is in the best interest of the Company and all Twitter stockholders.”

Vanguard, led by CEO Tim Buckley, increased its stake in the company at some point during the first quarter, according to SEC filings made on April 8.

Vanguard previously reported owning 67.2 million shares of Twitter or about 8.4 percent of the company as of the end of December, according to FactSet. Vanguard’s holdings are now worth $3.78 billion, based on Twitter stock’s closing price on Wednesday.

The move is seen as an indication that Musk’s bid will have a little chance at success as a shareholder has openly rejected the offer. Saudi Arabian Prince Alwaleed bin Talal, who claims to be a long-term Twitter shareholder, said the offer doesn’t come close to Twitter’s value and thus rejected it.

https://twitter.com/Alwaleed_Talal/status/1514615956986757127

Musk fired back, questioning the kingdom’s interest in Twitter given its repressive laws. ‘How much of Twitter does the Kingdom own, directly & indirectly? What are the Kingdom’s views on journalistic freedom of speech?’ Musk asked bin Talal.

Twitter employees are reportedly not happy about the bid. The worried workers said “Musk would decimate Twitter’s brand and reputation, especially if he were to re-admit controversial figures jettisoned from the platform, should he be successful with an unsolicited bid.”

Vanguard Holdings has a reputation of siding with Twitter management on voting issues, and does not usually advocate for changes like a hedge fund or activist investment, according to Wall Street Journal. This means that the company’s move to increase its shares is aimed at thwarting Musk’s takeover bid.

Musk has been trying to rally the support of Twitter users. On Thursday afternoon, he tweeted a poll, asking: “Taking Twitter private at $54.20 should be up to shareholders, not the board.”

Over 80 percent of the one million votes cast in the first hour said yes. Musk then tweeted: “I love you.”

He also shared a Goldman Sachs’ equity research document on Twitter’s Q4 2021 performance, to reinforce his argument that his takeover bid should be accepted to make Twitter thrive.

https://twitter.com/elonmusk/status/1514726980909948928

In separate tweets, Musk argued that it “would be utterly indefensible” not to allow shareholders to vote directly on his plan. “They own the company, not the board of directors,” he wrote.

However, the bid is facing mounting hurdles, suggesting that it is unlikely going to get the nod. Wall Street Journal reported, citing sources, that the Twitter board is considering thwarting Musk’s takeover bid with the “poison pill” provision.

Twitter shares have reacted mildly to the development, closing down 1.68 percent on Thursday after a volatile session. The shortened trading week ended at $45.08, nearly $10 below Musk’s offer price of $54.20, signaling that markets do not see the chance of his bid succeeding.

Toyosi: The offense of raising false alarm in Nigeria

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A twenty old lady named Toyosi raised an SOS alert yesterday that she was kidnapped and raped by a gang of men. She went ahead to share the location of where she was held hostage and the phone numbers of her abductors.

Twitter users immediately contacted security operatives who swung into action and arrived at the shared location as soon as possible and arrested every male available and on sight in that apartment and took them to the police station. 

While this was going on, the alleged victim, Toyosi made another live video that she was never kidnapped nor raped, that she was only chasing clouts and didn’t know that it would escalate. This incident got everyone talking because, at this critical point where there are so many cases of insecurity in the country, no one needs to chase clout with sensitive matters like this.

She was later arrested by the police who thought that her story needed to be straightened up and that there is more to the story than she is willing to divulge. 

The POLICE PRO of Lagos state, Mr. Benjamin Hundeyin later wrote: “After a careful and extensive investigation, it is revealed that 20-year-old Toyosi Adesegun, female, is a regular visitor to Olamilekan Faruk, Ayanfe Ayinde and Olusola Onipede, all male of 78 Obayan Street Akoka. This morning, she was restrained from leaving the apartment by the young men. 

Toyosi threatened to tweet what she tweeted if she was not allowed to leave. The young men called her bluff and she tweeted. Based on the foregoing, the three men will be arraigned for wrongful restraint, while Toyosi will be arraigned for giving false information”.

We should categorically state here that giving false information to the law enforcement agencies and raising a false alarm is an offense. “Whoever, knowing or having reason to believe that an offense has been committed, gives any information regarding that offense which he knows or believes to be false, shall be punished with imprisonment for a term or with fine, or with both”

It is an offense to give false information to the police, and this offender when tried can be punished with up to 6 months imprisonment and or a fine in accordance with relevant laws. 

The offense of giving false information or raising a false alarm falls under the category of a strict liability offense. This means that providers who are knowing, reckless or wilful in giving false or misleading information would be committing an offense, it does not matter whether you are ignorant or not or had cause to believe that the information you gave is true or not. 

You are expected to take all reasonable steps to make sure that the information you are giving is true and credible.

Giving false information to law enforcement is a criminal offense, It becomes false information when the police or other law enforcement agency acted on the information you supplied believing the same to be true.

Ms. Toyosi will be charged with the criminal offense of intentionally giving false information and causing nuisance and disturbance of the public peace. She risks getting a jail term of up to 6 months or more than. 

As Nigeria’s Council Of State Endorses Clemency, Pardon To 159 Citizens

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The Nigeria’s Council of State has reportedly endorsed the granting of clemency, pardon and prerogative of mercy to 159 out of 162 applications presented to it for consideration at its meeting held in Abuja on Thursday, 14th April 2022, presided over by President Muhammadu Buhari.

It’s noteworthy that the Council of States, is a high-ranking body constituted by Nigeria’s Constitution, comprising all present and past leaders of the country. It’s an organ saddled with the responsibility of advising the executive arm of government on major critical and sensitive policy decisions and direction, bordering mainly on security and State of the Nation at large.

Its members include the President, Vice President, past Presidents, Senate President, Speaker of the House of Representatives, as well as the past and serving Chief Justices of Nigeria. Others are the Attorney-General of the Federation, all State Governors as well as the Minister of the Federal Capital Territory (FCT).

The meeting, which observed a minute silence in honour of Late Chief Ernest Shonekan shortly before commencement, had in attendance past presidents, including Gen. Yakubu Gowon, Gen. Abdulsalam Abubakar, Dr. Goodluck Jonathan, coupled with serving governors and top government officials.

There are strong indications that former governors of Taraba and Plateau States, Jolly Nyame and Joshua Dariye, respectively, were among those granted pardons.

The Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami made this known while addressing the State House correspondents on the outcome of the Council’s meeting, immediately after the deliberations.

According to Mr. Malami, the affected 159 beneficiaries were inmates convicted and currently serving sentences for various offences across the country, saying the recommendations came after the Council received the report of the Presidential Advisory Committee on the Prerogative of Mercy.

He said, “In the exercise of the powers on the granting of pardon, precisely on August 28, 2018, the President put in place a committee known as the Presidential Advisory Committee on Prerogative of Mercy.

“It was saddled with the responsibility of visiting the country’s correctional facilities and making recommendations to the President on the exercise of his power of mercy and compassion, to either grant pardon to those that had been convicted, clemency, or some other form of concessions by way of reduction in sentence and term.

“It was in the exercise of such duties and responsibility in line with the terms of the Committee on Prerogative of Mercy that we presented the report to the President and the requirements of the law on the exercise of that mercy and pardon, should seek the advice of the Council of State.

“In line with that, a memo was presented by the President this afternoon to the Council, through which the report of the Committee was presented to the Council for its advice.

Mr. Malami informed that in total, 162 convicts were presented for the President’s consideration for pardon and mercy. However, the Council of State endorsed 159 out of the 162 convicts, hence advised the president to grant them pardon and mercy, rejecting three of the recommended convicts.

Based on the approval, “26 of the inmates are recommended for a presidential pardon, 85 surviving ex-convicts were recommended for a presidential pardon, and one deceased person was recommended for a posthumous presidential pardon.

In the same vein, “27 inmates were recommended for presidential clemency, 13 inmates were for a review of their sentences or prison terms, 10 inmates were presented for a reduced sentence from death to life imprisonment.

The Justice Minister further notified that the Council rejected the proposal to grant pardon to one of the prisoners sentenced to 120 years for stealing over N25 billion. He said the reason for seeking pardon was because of life-threatening illness.

“The second person was convicted for forgery, sentenced to 14 years and had stayed in prison for a year and six months. Whilst the third person was obtaining money by false pretenses and was sentenced to seven years,” he explained.

On other developments, on his part, the Minister of Special Duties and Intergovernmental Affairs, Sen. George Akume disclosed that the equally Council approved the conferment of National Honours on 434 Nigerians.

He said, “The council approved the conferment of National Honours Award on 434 Nigerians who had distinguished themselves in various fields of endeavour.

“It is supposed to be an annual event, where the President confers on Nigerians, men and women of integrity and character, found worthy to be conferred with our national honours.” he landed.

Pardon or clemency, as the case may be, is indeed a wholesome approach enshrined in the Nigerian Constitution, likewise other extant laws found in other countries across the globe. In other words, it’s imperative to invariably review any given policy made, or decision taken, as time progresses, for the sake of making amends where need be.

However, where the worry of concerned and well-meaning Nigerians lies is in a situation whereby such a pardon or clemency is granted to those who don’t truly merit the honour, while allowing individuals that really deserve it to wallow in anguish.

Overtime, Nigerian politicians who had been convicted of serious criminal offenses related to graft or severe corruption, were granted pardon, simply because they belong to the ruling class, whilst inmates or ex-convicts who may have been erroneously convicted would remain in such situation and never be remembered by the governments at all levels.

Pardon or clemency by the government, as might be the case, is arguably a laudable step in any sane clime, but it ought to be given to only those who merit it. This is therefore a clarion call for holistic review of Nigeria’s justice system in its entirety.

The Consequence Of Raising A False Alarm – A Case Study Of Toyosi

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Wikipedia describes a false alarm as a deceptive nuisance alarm and an erroneous report of an emergency, causing unnecessary panic and bringing resources (such as emergency services) to a place where they are not needed. I am not disputing the fact that a false alarm could occur by mistake, which unfortunately on very few occasions can be overlooked. This article emphasizes on the deliberate misdemeanor of raising a false alarm by some despicable individuals.

It seems a lot of individuals have not gotten themselves abreast with the Constitution, to be aware that raising a false alarm is a very punishable offense. In the U.S, a person who knowingly indicates, or circulates a false alarm, is jailed for a felony. Such an individual will be punished by confinement in a state jail for any term of not more than two years or less than 180 days.

In Nigeria, raising a false alarm falls under the category of a strict liability offense. The offender when tried can be punished with up to 6 months imprisonment and a fine by the relevant laws. Just recently, in Nigeria, Lagos precisely, there was a case of false alarm that was raised which attracted the attention of many.

A twenty years old lady on Twitter named Toyosi, raised an emergency alarm on the app, where she tweeted “I’m being kidnapped guys. I’m being raped. Number 78 bayan street Pako Akoka. Lagos”. This attracted the attention of many Nigerian Twitter users, who out of sheer concern, did not hesitate to contact the security operatives who swung into action and arrived at the location shared online as soon as possible to help rescue the acclaimed visit and also make a possible arrest.

While this was going on, the alleged victim, who happened not to be at the shared location later made a video that she was neither raped nor kidnapped, as she was only doing that to chase clout, and didn’t know that it would escalate into something serious. This act however infuriated Twitter users who didn’t fail to lash at her for such a callous act. She was later arrested by the police who thought that the alarm raised was a genuine one.

After an extensive interrogation and investigation of the incident, it was revealed that the 20 years old Omotoyosi Adesegun is a regular visitor of the address she shared online. The latest development is that Ms. Omotoyosi will be charged with a criminal offense for intentionally misleading the public and security forces by giving false information and causing nuisance and disturbance of the public peace.

She risks getting a jail term of up to 6 months or more. Considering the high level of insecurity that has plagued the country, such a mischievous act needs to be treated by the law followed by punishment, as it is a very sensitive matter. The negative impact of this action is that it has the potential to divert emergency responders away from legitimate emergencies, which could unfortunately lead to loss of life.

Peradventure another case of emergency is raised, there is a tendency that a lot of people might be reluctant to respond because of the false alarm that was earlier raised. The law needs to take its full course on Omotoyosi’s case, to serve as a deterrent to others who might likely want to follow suit, to desist from using sensitive issues to chase clout. It seems a lot of Nigerians are not aware that raising a false alarm is a punishable offense just like the case of Toyosi who obviously had no idea.

The country is currently ravaged with so many insecurity issues, It is ideal that every citizen of the country do not carry out insensitive actions to complicate the already ongoing issues.