Court awards N5m damages in Daniel’s favour

Gbenga Daniel Gov. Ogun State

A High Court sitting in Sagamu, Ogun State, on Thursday ordered the running mate of the governorship candidate of the Peoples Democratic Party, Mr. Tunde Oladunjoye, and a Lagos-based newspaper, National Life, to pay N5m as damages over a report published concerning the children of the state governor, Otunba Gbenga Daniel.
The court, presided over by Justice O. Ogunfowora, restrained the newspaper and Oladunjoye from further encroaching on the right to privacy of Daniel’s children, adding that a retraction of the story must be published.
National Life, in its issue of Saturday, July 24 – Friday 30, 2010, published a cover page story captioned: ‘OGiDi spoilt brats: Outrage as Gov Daniel’s kids paint London red,’ wherein photographs of Daniel’s children were published.
The story was followed with an advertisement placed on page four of the newspaper by Oladunjoye, who was then the Director of Communication and Organisation of Omo Ilu Foundation.
Daniel’s children – Rotimi, Adebola, Taiwo, Kehinde and Mayowa – who said they were offended by the publication, which portrayed them as “irresponsible, loose, uncultured, undisciplined and extravagant,” dragged Oladunjoye and Lagoon Press Ltd., the publishers of National Life, to court.
Counsel to Daniel’s children, Mr. Gbenga Ojekunle, applied for an order directing Oladunjoye and others to pay N100m as general damages for what he described as the unlawful invasion of the fundamental right to privacy, family life and communication as guaranteed by the 1999 Constitution.
The respondents, in spite of being served with the originating processes and hearing of notices for trial of the matter, did not file any process and failed to turn up at the hearing.
Delivering his judgement, Justice Ogunfowora said having considered the issues raised by the applicants’ counsel, “there has been an invasion of the privacy of the applicants and they are entitled to seek reliefs contained in their application.”
He said, “The first and third respondents are hereby restrained perpetually jointly and severally from further invading the applicants’ fundamental right to privacy, their homes, correspondence, telephone conversation, telegraphic and internet communications as protected and guaranteed under the 1999 Constitution.”
By Francis Falola, Abeokuta                Courtesy Of: Punch