Background

In recent times, Nigerian star actress, Tonto Dike, has been at loggerheads with popular Instagram dancer, Jane Mena (Janemena). This was coming at the heels of the seemingly irretrievable breakdown of the love affair between Tonto and her ex-lover, Prince Kpokpogri.

Tonto and Kpokpogri had accused each other of cheating. It remains Tonto’s allegation that while she was with Kpokpogri, she had found that he had recorded sex tapes of Janemena and other married women.

Meanwhile, voice notes and even a video seem to have surfaced online, if the news making the rounds on social media are anything to go by.

Janemena, who is married to her long-time lover, Andre Plies, is not taking the allegations lightly. She had submitted a petition to the Inspector General of Police through her Solicitors based on alleged cyberstalking and criminal defamation of her character by Tonto. From the reports, Janemena also threatens to commence both civil and criminal action against Tonto if she fails to retract her alleged defamatory remarks and pay her the sum of about N500 Million as compensation.

Defamation

Clearly, defamation of character is both a civil wrong and a criminal offence.

However, When a person claims (s)he has been defamed, it is an absolute defence that the story behind the alleged defamation is true. This is known as defence of justification under Nigerian Law. This defence applies both to the tort of defamation (civil wrong) and criminal defamation.

Therefore, if Janemena’s alleged video of “something natural” is real, Tonto might be free of claims based on defamation of character. The law is only interested in protecting a reputation which exists in a particular context.

Reference to particular context above is important because under Nigerian Law, the person claiming that his/her character has been defamed does not need to prove that he or she is righteous, in order to succeed. This was the position of the Supreme Court in the case of Cross River State Newspapers Corporation v. Oni & Ors (1995) LPELR-898(SC).

What this implies is that, the alleged defamatory statement must be true with regards to the specific narrative in question. You cannot allege that Mrs A slept with Mr. B because it is true that Mrs. A once slept with Mr. C. That could land you in trouble.

Cyberstalking

Let’s make a few comments about cyberstalking. Cyberstalking is criminalised by Section 24 of the Cybercrime (Prohibition, Prevention, etc) Act 2015.

Cyberstalking is the act of knowingly or intentionally sending or transmitting any message (through electronic means) that is grossly offensive, pornographic or of an indecent, obscene or menacing character; or false, for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will or needless anxiety to another.

Now, Janemena also claims Tonto is guilty of cyberstalking her. Well, she has an obligation to assist with providing necessary evidence that will help in proving any of the above ingredients of the offence of cyberstalking.

The beauty of the law is such that a person may go free on allegations of defamation but be held liable for cyberstalking.

Conclusion

Hopefully, the issues might be amicably resolved, or judicially determined. 

In any case, the world is already conversant with how Janemena commands the wind with her waist. But the world does not need to know to what other use she puts her waist behind the scenes, except she magnanimously volunteers such “premium content.”