Defamation: Banire Seeks Redress From FIJ, Threatens N1bn Libel Lawsuit

Dr. Muiz Banire, Senior Advocate of Nigeria and Convener of the social advocacy group United Action for Change, UAC, has threatened to sue the Foundation for Investigative Journalism, FIJ, for N1 billion in damages if the organisation fails to meet his demands based on his 35-year legal and academic record.

This was disclosed in a letter titled “DEFAMATORY STATEMENTS AGAINST DR MUIZ BANIRE, SAN, OON PRE-ACTION PROTOCOL WRITTEN MEMORANDUM,” dated May 7, 2024, and addressed to FIJ by his lawyer, Kunle Adegoke SAN.

The letter, which was made available to journalists, read: “Our client informed us, and we truly believe him, that his attention was drawn to your organization’s publication of
6th May 2024, with the caption: CONFIRMED: Muiz Banire Wrote the Petition That Caused FIJ Reporter’s Abduction, published on your organization’s website.

“In the aforementioned publication, your organisation stated that our client is responsible for the abduction of one Daniel Ojukwu, a member of your organization’s staff.”

The letter also stated, “Your publication deliberately conveyed the malicious
impression that our client engineered the kidnap of the aforementioned Daniel Ojukwu, implying that our client engages in criminal conduct; in this vein, your publication failed to mention that our client acted in line with his professional obligation in the representation of his client and that his office, M. A. Banire & Associates, authored the petition to the Inspector-General of Police on behalf of their client to report a case of
cyberbullying; your publication is, without a doubt, intended to harm the
Our client’s reputation, and the purpose it is currently serving.

“Due to the popularity and effectiveness of your organization’s online distribution network, millions of people have received and read your organization’s defamatory publication; your organisation should note that your publication has dragged our client’s carefully nurtured good name in the mud and exposed our client to underserved public opprobrium; many that have read your publications, particularly his professional colleagues and associates, have expressed shock as to why

“Many also questioned our client on the sins or transgressions of the said Daniel Ojukwu against the person of our client as to justify our client resorting to the crime of engineering his abduction; to many of them, our client’s explanation that he had no personal relationship with the said Daniel Ojukwu and did not know him from Adam but only acted in his professional capacity as counsel to his client in the submission of a petition to the police on his client’s behalf fe

“It is beyond dispute that the referenced publication casts a direct aspersion on our client’s person. You have presented to right-thinking members of society.
Our client is a criminal who commits kidnappings. Furthermore, your organization’s publication has led many people to believe that our client, a Senior Advocate of Nigeria, a member of the Body of Benchers, and a doctorate degree holder in Law, has no qualms about committing the heinous crime that your organization’s publications attribute to him.

“The clear implication of your organization’s publication is that it has informed the world that our client is unfit to be a legal practitioner or an Officer of the Order of the Niger, and is only fit for the confines of a prison.”

The legal luminary gave the organisation 14 days to retract and make amends, failing which he would be forced to take FIJ to court.

“Given the foregoing, we, on behalf of our client, demand the following:
Not later than 14 (fourteen) days from the delivery of this written memorandum to your organisation, your organisation immediately retracts the said publication and tenders an unreserved apology through all of your organization’s platforms and 5 (five) national daily newspapers circulating throughout the federation, including the Punch Newspaper and ThisDay Newspaper;

“Pay the sum of N500,000,000.00 (Five Hundred Million Naira) as compensation for our client’s reputation, which your organisation has maliciously and/or recklessly maligned, within 14 (fourteen) days of receiving this letter.

As you are aware, our client views litigation as a last resort. In this regard, our client is open to resolving this matter through conciliation, mediation, arbitration or other dispute resolution options you deem most suitable.”

At the expiration of the 14 days grace, the letter said Banire’s lawyers will pursue litigation to seek redress if the stated demands are not met. The court suit among other reliefs will seek “AN ORDER compelling your organisation to immediately withdraw the said publication and tender an unreserved apology in 5 (five) national daily newspapers, which must include Punch Newspapers and ThisDay Newspapers;

“An Order of the Honourable Court compelling your organisation to pay damages in the sum of N1,000,000,000.00 (One Billion Naira) as compensation for the person of our client that your organisation has defamed.”