07 Nov 2006 |
|
(313) 961-4300 By E-mail to: kunle@globallawyering.com
Kunle Fagbenle, Esq., Dear Mr. Fagbenle, We are attorneys representing Sahara Reporters, Publishers of www.saharareporters.com and your purported international press release dated November 6, 2006 on the above captioned matter has been referred to our office with an instruction to give adequate reply to the issues and allusions raised by the said release. While you have done so much to defend the integrity and interest of your client, President Obasanjo in his personal capacity, you fail to realize or at least, take cognizance of the fact that President Obasanjo is a public officer whose actions and or inactions would continue to attract public interest. Further, even though, you stated in your release that Sahara Reporters appear bent on a sponsored campaign to "savagely besmirch our client’s good name and legacy of accomplished stewardship to the country as well as to discredit his close friends and associates", you failed woefully to disclose the identity of the "sponsors" of the so-called "campaigns" and also to divulge the names of President Obasanjo’s "friends and associates". To the extent that you have not made any due diligent efforts to articulate these points, your assertions and accusations are speculative and fall far short of any credibility. To the contrary, Sahara Reporters can maintain right of action for libel against your client, President Obasanjo. Sahara Reporters is an independent media outfit, which has a duty to inform and educate the general public about the activities of public officers and to ensure that those who are entrusted with the responsibility of government do so with sincerity of purpose and in an atmosphere devoid of intimidation and hypocrisy. Sahara Reporters have qualified privilege to publish any material that is of public concern and for the public benefit. The Courts recognizing the high importance of freedom to impart and receive information and ideas have observed that the press discharges vital functions as a bloodhound as well as a watchdog. The Courts are also slow to conclude that a publication of this nature is not in the public interest, and therefore, the public have no "right to know" especially when the information concerns a public official. The press, because of the role it plays in keeping the public informed and in the dissemination of news and information, is entitled to particular if not special deference that others are not similarly entitled to. To this effect, we have reviewed the issues discussed in Sahara Reporters website, the nature of the information, and the extent to which the subject-matter is a matter of public concern, the source of the information, the steps taken to verify the information, the status of the information, the urgency of the matter, the tone of the report, the circumstances of the publication and it is our opinion that Sahara Reporters have not made any malicious allegations against President Obasanjo either in his personal capacity or in his official capacity. Rather, Sahara Reporters have merely exercised their right under the "Free Press Clause " guaranteed by the First Amendment. At its core, the Courts have explained that, freedom of the press encompasses not just the right to be free from prior restraints on publication, but also to be largely exempt from any punishment when it reports the truth about matters of public concern - whether that punishment takes the form of imprisonment of a journalist, a criminal fine against a newspaper, or an award of civil damages to a defamation plaintiff. Indeed, when the subject of press scrutiny is a public official or a public figure such as President Obasanjo, the Courts have held that the First Amendment protects even a false statement unless it is a "calculated falsehood". We have gone this far to discuss the legal issues involved in this matter with you with a view to advising President Obasanjo against a wide goose chase, a situation that may make him vulnerable to various counter claims and damages. In conclusion, you have indicated in your release that President Obasanjo "will vehemently and vigorously pursue all civil legal remedies available to him": while Sahara Reporters respect the constitutional rights of your client, the company however, would like you to confer with your client with a view to obtaining further information from him on whether he would be willing to denounce and surrender the immunity conferred on him by the Nigerian Constitution as the President and Commander-in-Chief of the Armed Nigerian Armed Forces.
/s/Kayode Oladele Kayode O. Oladele, Esq., LL.M CC Femi Falana, Esq.
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
# 
Your Comments
Please make The Square an enjoyable experience for everyone by refraining from gratuitous ad-hominem contributions, defamatory comments and off-topic posting. Such posts will be removed.