Showing posts with label defamation. Show all posts
Showing posts with label defamation. Show all posts

Sunday, 19 June 2016

Apology 001

Village rag of ruse
This morning, I came upon a malicious false accusation that was made against a friend on Twitter to the effect that he was allegedly recorded on video assaulting a woman and swearing at her.
On observing the video, it was clear that neither the man assaulting the woman nor the voice of the perpetrator was my friend, the accent was American, his is British-Nigerian. That this video appeared on one of the more odious vehicles of invective and the worst of Nigerian journalistic standards was at first instructive, the text dripped with malice, it could not be overlooked.
As it transpired, Nigeria being a country in the rat race of keeping and settling scores, someone decided to publish this malign atrocity and then continued with commentary that excoriated my friend in the most uncharitable terms before proceeding to church.
Malicious and atrocious
Meanwhile, anyone who had any idea of who my friend was had already seen this hatchet job for what it was, the antecedents of the village rag masquerading as an online newspaper indicated that the act was deliberate to cause injury and harm to the name and reputation of my friend.
Whilst, engagement on Twitter can both be robust and virulent, there are times when even my friend might have exceeded the bounds of decency. In the snake pit of Nigerian commentary, the search for gentlemen can be futile as to be impossible. However, that should not excuse the abuse of platforms and expression to denigrate anyone, that applies to both my friend and anyone else.
Address the issue at hand
I am not here to keep the record of longstanding conflicts between personalities on Social Media, however, I can as occasion allows when I am observing my timeline on Twitter engage in the discourse or the debate as the opportunity comes. This morning presented such an opportunity and for that particular act, I walked in with the clear intention of defending my friend from that particular smear and address all who colluded in propagating the odium.
For some people, they might seek moral equivalences to justify that atrocity, it does not excuse this particular one I decided to address and the forum is open for others to address grievances they might have with other issues they feel so strongly about. The idea that one should help them fly their own flags, whilst understandable is neither a duty nor an obligation.
I have on many occasions called out friend, acquaintance, stranger and worse on general issues, I am nobody’s surrogate, I work as an independent mind on the matters I choose to address and never as a policeman seeking to impute offence at every possible opportunity.
It was a hatchet job
The backlash was fierce and unrelenting, with that came a conditionally grudging apology which some considered a full-hearted apology, I was having none of it. Eventually, the village rag pulled down that rotten hatchet job, which it was and appeared to apologise. The apologies were an apology of an apology in and of themselves.
I say it was a rotten hatchet job, because if it wasn’t, the story would have been edited to address the matter of Violence Against Women, which one of the protagonists tried to use to deflect the opprobrium for his perfidy. It got to a point that I found myself having to write an Idiot’s Guide to Apology and I labelled it Apology 001 because to have given it Apology 101 would have made it impossible for some to understand as a very advanced course in appropriate restitution.
The Idiot’s Guide: Apology 001
The Idiot’s Guide appears below and I have really not seen anything that resembles an apology on the matter. Just because you dislike a person does not mean you cannot stand for right in support of that person, that is what constitutes having a value system and principles. It is left to us to decide if past hurt is an excuse for allowing injustice and worse to thrive in our midst.
Apology 001: A regretful acknowledgement of an offence or failure.
Apology 001: An apology requires first an expression of regret; that expression cannot be conditional.
Apology 001: An expression of regret cannot be prefaced with the conditional if, because that invalidates the acknowledgement of error.
Apology 001: An apology must stand on its own, it must be full, unreserved, sincere, honest and final.
Apology 001: An apology must fully repudiate all the errors and claims that caused offence. For example; I am sorry for falsely accusing ...
Apology 001: If an apology is not grudging and deemed honest, it will be obvious to all and the offended will receive it gracefully.
Apology 001: Until we grasp the fundamentals of giving a good apology, we cannot advance to the Apology 101 course. :)


Saturday, 20 June 2009

Nigeria: On transparency about Yar'Adua's health

Between the personal and the presidential

Last Thursday, the High Court in the Federal Capital Territory at Abuja, the federal capital of Nigeria barred [1] President Umaru Yar’Adua from suing until he leaves office.

It would appear the purposes of justice could not be served if Mr. Yar’Adua sues on a matter of personal issues but is able to cloak access to matters of interest to both the defence and the court under the wide-ranging presidential immunity that he enjoys.

The President was suing the Leadership Newspapers Group and all its chief personnel for defamation, in fact, the five-count charge read as follows – that they had “allegedly conspired to indulge in illegal act, defamation of character, injurious falsehood, painting or engraving matter known to be defamatory and sales of painted or engraved materials containing defamatory matters.”

Interestingly, the President had engaged the services of the State through the Director of Public Prosecution such that what could have been a civil case attuned to libel had been escalated into a criminal case punishable under the Penal Code Laws of the Federation of Nigeria.

This judgement however infers that the President cannot use the machine of State to advance the defence of a personal issue. Defamation applies to a person, however in the capacity of President, sedition might be adequate but too much of a nuclear option to stand objective scrutiny, it would have prosecutors laughed out of court.

We don’t know how well he is

At issue was the report the newspaper published on November 8th 2008 that the President was ill. The truth or falsehood of this report is beside the point. It is common global knowledge in the public domain that the President of Nigeria suffers an ailment that could be considered incapacitating at certain times.

This common knowledge might well be false but it is not helped by the President not having levelled with Nigerians the truth about his health and the rumours that we have heard about him having a possibly serious kidney or renal ailment.

We have in many ways gleaned information for all sorts of sources and the seemingly sudden travels abroad by the President veiled in secrecy have not put paid to the possibility that something more sinister might be afoot.

A medical report can help

In an decently organised setting, it would incumbent on the President to present a medical report of health and capacity to hold office and really it is only within reason that anyone buffeted with claims of incapacity whilst another truth is self-evident should present incontrovertible proof contrary to the reports and at once close all debate on a topic that gathers undue interest because of the lack of transparency.

It is no fault of reporters, journalists, newspapers or bloggers that rumours abound about the President’s health, it is squarely the fault of the President and his handlers that these rumours have thrived and nothing has been done to quash them by reason of useful evidence, rather they have resorted to legal menace and harassment to maintain this unacceptable situation.

This situation has allowed some apparatchik to institute a case for defamation for allegedly filing a false report on the President’s health and the prosecution thought it could push the case through court without having to produce evidence of the state of the President’s real health along with the possibility of being evaluated by experts retained by the defence.

I would suggest this dismissal spared the President his blushes about what could have been an unedifying revelation of every biopsy, treatment, drug and assessment made by doctors over at least 2 decades.

Who holds the levers of State?

The concern is, if indeed there is cause to believe that the President can be incapacitated by an ailment such that he cannot perform the calling of the office of the President of the Federation of Nigeria and we do not see the effective transfer of articles of power and responsibility to the vice-President as required by the constitution, the whole ship of state falls into the hands of faceless mandarins, cohorts and handlers who are not accountable to the electorate and possibly cannot be called to order by other arms of government.

This would be untenable and really cannot be allowed to continue, but it is on this basis that the case the President bought must collapse, not necessarily on the possibility that the report made by the newspaper was false but on the system of events and mismanagement of information along with the dereliction of duty to the electorate to assure us that his health as President is good and that none of the presumed problems he might have with his health leave him incapacitated to fulfil the needs of the office of the President.

Transparency trumps privacy on health

Holders of public office must realise that they should not be impervious to scrutiny but where that scrutiny impinges on the person’s privacy there should be sanctions, however, when it comes to the health of that person with the corollary that the person may not be able to perform their duties, transparency trumps privacy and the onus is on the person to provide truthful verifiable information that puts paid to rumour and conjecture.

The only reason this was news was because it was the President and after he has left the Presidency, the case would be moot, meanwhile, the President has one simple duty to perform for Nigerians, provide the basic evidence that proves he is hale and hearty and we can go ahead and shoot down all the rumours that have been spread about our healthy and strong President of the Federal Republic of Nigeria.

Source

[1] Court bars Yar’Adua from suing for defamation | Vanguard News