After seven years of intense legal battle, the Asoju Oba of Ikorodu, Chief Kazeem Ogbara has won his claim for libel against Mr. Rafiu Ajibola Ogbara before Honourable Justice Onigbanjo at the High Court of Lagos State, with the Court granting his claims and awarding damages against Mr Rafiu Ajibola Ogbara.
Chief Kazeem Ogbara and Mr Rafiu Ajibola Ogbara are both sons of the late wealthy lkorodu business mogul, Chief Lamidi Ogbara who died on January 21, 2009.
Oriwu Sun gathered that the conflict started brewing between Rafiu and most of his siblings immediately after the death of their illustrious father, when he claimed that their father had given him the whopping sum of over #150million, shares in Blue-chip companies and the family property in England, to the exclusion of the other 45 children.
The siblings were embroiled in series of litigation and petitions to various enforcement agencies, which was eventually settled. The family paid him well over N150 Million vide a consent Judgment and on conditions that he would not partake in the remaining assets of the estate on ground of peace.
Despite the settlement and payment of the money to Rafiu Ogbara, he authored and distributed a letter to all the descendants of the late Lamidi Ogbara, wherein he objected to the appointment of Chief Kazeem Ogbara as one of the Directors to their father’s company, without basis.
According to report, Rafiu had by the letter, dated 14th of June, 2013, made some highly libelous statements against the person of Chief Kazeem Ogbara, impugning his integrity and competence to be appointed as a Director.
Based on the letter, Chief Kazeem Ogbara instituted the case to clear to protect his hard earned integrity as a Banker of long standing.
In his Writ of Summons and Statement of Claim dated 12/7/13, Chief Kazeem Ogbara stated that the words published by Rafiu (Defendant) in his letter to all the Descendants of Alhaji Lamidi Ogbara, were highly defamatory of his person and consequently prayed for the following reliefs:
– An injunction restraining the defendant by himself, servants or agents or otherwise howsoever from further publishing or causing to be published the words or similar works itemized in the paragraph 14 of the statement of claim which words or similar words are defamatory of the claimant.
-An order directing the Defendant to circulate a published retraction of the aforementioned defamatory words to all descendants of Alhaji Lamidi Ogbara and all other persons he had copied with correspondence.
An order directing the Defendant within seven (7) days of the order to forward a written apology to the Claimant and copy all descendants of Alhaji Lamidi Ogbara and all other persons he had copied with the correspondence.
-N500 Million being general damages for libel.
– Cost of the action.
Also, Rafiu who also claimed to have being libeled by the Claimant, had denied the claims and counter claiming from the Claimant, and had filed Statement of Defence and Counterclaim, dated 12/9/13 , to pray, among other reliefs, for an order directing the Claimant to publish a retraction of the entire libellous publication and an apology addressed to the Counter-Claimant and all the children of Alhaji Lamidi Ogbara and members of the late Alhaji Ogbara family as well as the firm of Pinheiro & Co, and all other persons to which they had been published to(sic) by the Claimant and demanded the sum of #1billion only on the footing of exemplary and aggravated damages for libel resulting from the false and malicious publication by the Claimant of and concerning the Defendant on the letter dated 11th June 2013.
The Court upon evaluation of the evidence found in favour of Chief Kazeem Ogbara and held that contrary to Rafiu Ogbara’s assertions in the libelous letter, as could be seen from the letters of commendation and apology from Ogbara Property and Company Limited, Eko International Bank (now defunct) and the educational institution attended by Chief Kazeem Ogbara portrayed him as “diligent, responsible and a person of integrity thus putting a lie to the Defendant’s (Rafiu Ogbara’s) negative portrayal in his letter.
On the converse, the Court dismissed Rafiu Ogbara’s claim and found that he “referred to and claimed on oath to be an architect, frontloaded photocopies of educational certificates but for reasons best known to him failed to tender those documents in proof of his claims to educational qualification” and “did not produce a single shred of evidence in proof of all his assertions”
The Court ordered Rafiu to publish a retraction of the defamatory letter and the Court would have ordered him to pay N250Million to enable him appreciate the gravity of his recklessness in persistently libeling Chief Kazeem Ogbara but order payment of N1Million because they are both siblings.
The Claimant and Defendant were represented in the case by O.A. Owolabi and O. Akinmuleya of Bonajo Badejo & Co., and A.l. Adebayo with Y. Lawal respectively.