L-R Osinbajo and Buhari |
For a number of weeks, AIT and NTA aired a documentary on Muhammadu Buhari, presidential candidate of APC, detailing his “many atrocities” while in power as head of state. This was then followed by a similar video chronicling a series of alleged financial misconduct against Bola Tinubu, an APC leader and former governor of Lagos.
Osinbajo, claiming that the Peoples Democratic Party (PDP) had marked him out as the next APC bigwig to release a “damaging video” on, headed for the high court, demanding an order of interim injunction “restraining the respondents, their agents, privies, representatives and other media entities under the control of the 3rd respondent from any interference with or violation of the applicant’s right to dignity of human person, right to privacy and right to life and/or livelihood whether by means of publication or dissemination of any video documentary or by any means whatsoever pending the hearing and determination of the motion on notice for interlocutory injunction”.
Daar Communications (owners of AIT), NTA and BON were listed as first to third respondents. Osinbajo said such video would damaged his “guaranteed and protected fundamental right to life and/or livelihood, right to dignity of human person, and right to privacy and family by virtue of Sections 33, 34 and 37 of the 1999 Constitution of the Federal Republic of Nigeria, (as Amended).” He also said the planned “publication, dissemination and broadcast of a video documentary containing untrue information and injurious falsehood” about his personal circumstance, family life, communication and privacy constituted “an immediate and imminent risk of violation of his constitutional right to life, livelihood, dignity of human person and right to privacy”.
“Unless the respondents are restrained in the manner requested in this application, the potential publication, dissemination or broadcast of untrue information and injurious false statements and image regarding the applicant will irreparably violate and/or damage the applicant’s right to dignity of human person, right to livelihood and privacy guaranteed and protected under Sections 33, 34 and 37 of the 1999 Constitution of the Federal Republic of Nigeria, (as Amended),” read the originating summons.
“Damages will be grossly inadequate to compensate or redress the unquantifiable, unwarranted and malicious damage to the applicant’s right to dignity of human person, right to livelihood and privacy guaranteed and protected under Sections 33, 34 and 37 of the 1999 Constitution of the Federal Republic of Nigeria, (as Amended).” On Wednesday, the matter commenced with originating summons taken out by Femi Falana (SAN), Abimobola Ojenike and Fidel Albert. Granting the restraining order, Justice James Tsoho said no video should be aired and the status quo should be maintained until the determination of the substantive suit.
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