April 22nd, 2012
By Ahaoma Kanu for NVS
This may be the beginning of what will be a very sensational court case in Nigeria if the plan of the lawyer involved in the matter is to be realistic. The Lagos lawyer who recently slammed a N2billion suit against Bishop David Oyedepo, the General Overseer of the Living Faith Christian Church, also known as the Winners’ Chapel, has so much ace up his sleeve that he is keeping close to his chest until hearing on the case commences.
Mr. Robert Igbenidion, a solicitor with Salus Populi Chambers had last week filed a suit with number, MT/73/12 at the Ogun State High Court in Ota judicial division for the enforcement of fundamental right to a fair, freedom from discrimination and human dignity which he has applied to be served on Bishop David Oyedepo and Living Faith Christian as respondents.
When we contacted the Lawyer, he revealed that his motivation to take up the case was borne out of a duty to get justice for the victim and is prepared to go all the way in achieve the objective with the possibility of exploiting foreign courts specifically the United States of America (USA).
“My primary motive for picking up the case is to seek justice for the girl victim, and my secondary motive is to question the status quo in Nigeria as regards the way we perceive things especially on the question of whether anybody is above the law. I am prepared to pursue this case to the Supreme Court and even exploit foreign jurisdiction option like in the US,” he said.
In a motion of notice to be served on the respondents, the applicant in pursuant to order 1 rule 2 of the fundamental rights (enforcement procedure) rule of 2009, and the African Charter of Human and People’s rights notified the court to hear the case against the respondents.
In an affidavit sworn by the applicant in support of his motion on notice, Igbenedion informed the court that he is bringing the action on behalf of “Miss Justice” who he described as a ‘a poor Nigerian girl and victim of assault, intimidation, oppression and discrimination from the respondents’.
He went further to explain that Miss Justice attended the respondents service and while the service was going on the first respondent, Bishop David Oyedepo, made a call for witches in the church to come out to which the victim answered and while trying to explain herself, got a ‘dirty and thunderous slap’ from the first respondent. Igbenedion described the first respondent as ‘rich, able bodied, healthy and well fed man’ while the victim was a ‘poor Nigerian girl that is sickly, young, disadvantaged vulnerable girl.’
For the action of the respondent on the victim, the applicant is demanding among other prayers, a declaration that the slapping of the poor Nigerian girl by the first respondent is a violation of her right to human dignity and freedom from torture, an award of N2billion as general and exemplary punitive damages jointly and severally against the first and second respondents; an order compelling the respondents to make a public apology written and signed by the first respondent to be published in two national daily newspapers and one international satellite television station as well as an order that the respondents should pay the cost of the action.
Since the filing of the suit, many observers of the incident said to have happened in 2009 and which went viral some months ago on the internet, are having mixed feelings about the motive of the lawyer who took up the case.
While some felt he wants to garner some publicity on the issue, others felt he did not have any case as there were specific details around the incident that were not adequately dealt with in the suit. One of such is that the alleged victim of whom the applicant claims he is filing the action on her behalf may not be aware of the issue and also, that the lawyer may not have adequate details about the victim as she would be needed in court as witness.
When presented with the doubts and asked if he had investigated the matter, Igbenedion said investigation was not needed in the issue.
“Investigation? The matter is simple, it’s a case of slapping, which is tort of battery, it could also be inhuman and degrading treatment under the constitution and African charter on human and peoples right which the Respondents are bound by and which protects the young girl, the court can under some circumstance grant damages not only to compensate the victim but to punish the offender and I believe that this is one of such situation. It had earlier happened in many decided case Like Ojukwu Vs Gov of Lagos. Check out exemplary or punitive damages on the internet,” he replied and went on to say add that, “there is no statue bar for fundamental rights action, the issue of contact between me and the girl , I cannot disclose because of professional obligation.”
When asked going by the term by which he described the victim, as Miss Justice, not already cast a doubt about his interest in the going by the manner in which he filed the suit without including the victim as an applicant as well, Igbenedion responded that he has the fundamental right to file the suit on behalf of the victim.
“Let me assure you that under the 2009 Fundamental Right Enforcement Procedure Rules, another Person or organization can institute this kind of action and the Respondent is bound to answer it by either admitting the wrong or denying it, he cannot question your link (locus standi) with the victim.”
He went further to say that going by the manner in which the news of the suit is making attempt to go viral on the internet; he did not take up the matter for publicity benefits.
“ I filed the case in court not in the media, and I am bound by law to hand compensation less my legal cost to the girl victim, lawyers hold more money than that for their client or in trust on a daily basis.”
Though nothing has been heard from the lawyers to the very popular pastor, indications are rife that this is a matter that will be of interest to many people especially members of the Winner’s Chapel assembly.
The Interview.
What motivated you to pick up this case and how far are you prepared to go with this matter?
My primary motive for picking up the case is to seek justice for the girl victim, and my secondary motive is to question the status quo in Nigeria as regards the way we perceive things especially on the question of whether anybody is above the law. I am prepared to pursue this case to the Supreme Court and even exploit foreign jurisdiction option like in the US.
It is alleged that this incident occurred in 2009 according to investigations and that is some time; have you made any efforts to contact the victim that was assaulted?
There is no statue bar for fundamental rights action, the issue of contact between me and the girl, I cannot disclose because of professional obligation.
How much investigations have you done with regards to this matter and what are some of the findings you may wish to inform the society for now?
Investigation? the matter is simple, its a case of slapping, which is tort of battery, it could also be inhuman and degrading treatment under the constitution and African charter on human and peoples right which the Respondents are bound by and which protects the young girl, the court can under some circumstance grant damages not only to compensate the victim but to punish the offender and i believe that this is one of such situation. it had earlier happened in many decided case Like Ojukwu Vs Gov of Lagos. Check out exemplary or punitive damages on the internet.
Going by the term by which you described the victim, as Miss Justice, does this assertion not already cast a doubt about your interest in the case looking at the suit filed which does not include the victim but you alone?
Let me assure you that under the 2009 Fundamental Right Enforcement Procedure Rules, another Person or organization can institute this kind of action and the Respondent is bound to answer it by either admitting the wrong or denying it, he cannot question your link ( locus standi )with the victim.
How would you want to convince the public that this suit is not filed for your own benefit that might come in terms of media publicity and not necessarily in the interest of the victim?
I filed the case in court not in the media, and I am bound by law to hand compensation less my legal cost to the girl victim, lawyers hold more money than that for their client or in trust on a daily basis.
Recently, a Nigerian citizen filed a suit against the presidency and withdrew it some few weeks later leading many to suspect a sort of settlement has been reached, is this likely to happen in this issue at hand?
I believe that the girl is entitled to the relieves sought especially the constitutional requirement for written apology and I intend to pursue it to its logical conclusion
Which state is the victim from and how old was she at the time the incident occurred?
I already talked about my professional obligation not to disclose that.