Justice Olalekan Oresanya of an Ikeja High Court has awarded N5million damages against a singer Ikuforijimi Olaitan Abdulrahman, aka Oxlade over a leaked s3x tape with a woman on social media app, Snapchat.
In a judgement dated 24th January 2023, and trending online, Justice Oresanya described the action of the singer, in secretly recording an explicit s3x with a woman and thereafter leaking it online as “despicable, horrendous, distasteful and classless.”
The sex tape of the singer had surfaced online in February 2022, without the knowledge and consent of the woman we involved in the video.
The leaked video sparked public outrage, and forced Oxlade to tender an apology to his fans and to the woman in the video.
The woman, John Blessing had filed a suit before the court on March 15, 2022 seeking N20million damages and a declaration that the respondent (Oxlade’s) act of recording his explicit sexual acts without her knowledge and consent amounted to flagrant contravention of enabling laws and a gross violation of her fundamental rights to dignity, privacy and freedom from discrimination guaranteed under Sections 34 and 37 of the 1999 Constitution (as amended); and Articles 5 of the African Charter on Human and People’s Rights (Ratification and Enforcement), Act, CAP A9, LFN, 2004.
After hearing counsel for the claimant, E. T. Idemudia and O. S. Mabekoje with U. R. Michael for the respondent, the judge had set for judgment when parties agreed to opt for amicable resolution via a consent judgement.
Delivering judgment in the matter, Justice Oresanya chastised the singer and cautioned him against such act in his relationship with the opposite sex in the future.
“The action and attitude of the Respondent (Oxlade), who is said to be a celebrity, is despicable, horrendous, distasteful and classless. The Respondent is admonished strongly to act with utmost circumspection in his relationship with fellow humans, especially the opposite sex. “what goes around comes around”. I need not say more,” the judge said.
In the course of trial, the judge berated Oxlade for treating the judicial process with disrespect and accused his lawyer of aiding him to desecrate the temple of justice.
“The attitude of the respondent towards the proceeding leaves much to be desired.
“The Respondent failed to appear in this court and the only reason given for the respondent’s absence by his former counsel was the celebrity status of the respondent which to my mind cannot be equated to that of many notable celebrity artistes in this country who have comported themselves well respectably both within and outside of this country.
“Counsel, as ministers in the temple of justice, should never encourage any party to a law suit or client in treating the temple of justice with disrespect and disdain no matter the status of the client in the society.
“Client comes and client goes, the legal profession and institution remains. It is also disturbing to note as part of the tardiness of the r espondent and his counsel that this terms of settlement was filed after the Honourable Court had concluded the hearing of the matter and on the verge of delivering its Judgment on the merit fixed for January 16, 2023.”
Justice Oresanya said the court would have awarded exemplary and aggravated damages far greater than the agreed settlement sum of N5 million against the respondent for the alleged “cruel violation of the privacy of the claimant via the online/internet publication of an explicit sex tape involving the claimant and the respondent on 9th February, 2022.”
The judge thereafter entered the Terms of Settlement dated January 11, 2023 as the judgment of the court.
By the consent judgement, Oxlade is to pay the N5million damages awarded against him to the claimant in two instalments of N2million and N3million respectively.
The court judge gave an order of perpetual injunction against the claimant from initiating any further legal process or any process in respect of the facts and matters giving rise to the suit, and from instituting or discussing the issues constituted in the claim on any platform, and before any third party.
Justice Oresanya admonished parties, their privies, assigns, agents, successors, legal counsel, and personal representatives agree to maintain confidentiality of all non-public information and materials pertaining to the suit, and the Terms of Settlement.
He ordered that failure of either party to adhere to the terms shall entitle the affected party to damages for such breach, including any and all injuries incurred as a result of such disclosure.