Ekene Aninze: Clarifying Sowore’s Position On Very Darkman & Blord

Clarifying Sowore’s Position On Very Darkman & Blord

Concerning the position of Omoyele Sowore about the case of Blord and VeryDarkMan, most of you may not be able to appreciate the view of people like Sowore because he may not have the patience to explain to you very well in matters like this. That is why I am taking the pain to explain it better.

Yesterday, when I made a post on this subject matter, we all agreed that Blord goofed when he started using VDM’s face for billboard adverts. We also agreed that such an act can lead to criminal punishment. But what I did not explain to you all is the fact that you could still file such an action and get justice without necessarily putting the offender in prison.

Under Nigerian law, there are offences that are both civil and criminal in nature. Once those offences are committed, you can decide to either report to the police to help you prosecute or bring a criminal action against the person, or you can bring a civil action and claim monetary damages against the person only. The offence VDM is saying Blord allegedly committed is one of those offences.

For so many years, human rights activists like Sowore and Femi Falana have been advocating for our laws to decriminalize any offence that can be effectively enforced in a civil court. In simple words, if money can solve the damage created, why should prison be the first answer?

On the 24th of September, 2024, VDM made a video that tried to indict Femi Falana over a saga with Bobrisky. That video suggested that Femi Falana allegedly demanded some money to help Bobrisky process a presidential pardon. That video was enough to bring a criminal action against VDM because defamation can be both criminal and civil in nature. But because Femi Falana has been a human rights advocate all his life, he chose to sue VDM in a civil court without necessarily using the instruments of the state to criminalize the matter and harass him.

Just a few weeks ago, the wife of the Bayelsa State Governor, Dr. Gloria Diri, arrested Livinus Nwosu over what he published about her online. We all spoke against it, including VeryDarkMan himself, because we felt that she could have enforced her right by claiming monetary damages without having to send Livinus to prison.

Now coming down to this case of Blord, we have already established that what Blord was remanded for is a criminal offence, but it is also a civil wrong. Because of the nature of VDM and how he has advocated against committing people to prison unnecessarily, he could have brought that action under infringement of copyright under the Copyright Act 2022, breach of data protection regulations under the NDPA 2023, tort of passing off, or even enforce it under violation of privacy right under Section 37 of the Nigerian Constitution. (You may wish to see the 2024 case of Ubom v Globacom Nigeria where it was carefully explained by the Supreme Court).

This is where people are missing Sowore’s point.

People like Sowore are not saying that Blord should not be sued. No. What they are saying is that where there are other remedies that can solve the problem, do not rush to file a complaint with the police just to restrict another man’s freedom and liberty.

Because if we decide to criminalize every offence arising from issues that could have been settled in civil courts, you will discover that our prisons will keep swelling with people, and many persons who are not naturally criminals will end up suffering over what money could have solved.

That is the real argument.

This is why, irrespective of the fact that Sowore is one of the most harassed activists in Nigeria, all these years of his activism, you have hardly seen him send anyone to jail over a civil wrong.

And that is exactly the principle he is standing on here because to Sowore, only those that want to oppress you like the political class, will send you to jail on a matter that could have been decided by a civil court.

By: Ekene Aninze Esq.