Yesterday, a court ordered Toke Makinwa to pay her ex-husband, Maje Ayida, the sum of one million naira.
According to the details of the sentence handed down by Judge Olukayode Ogunjobi, of a Lagos High Court sitting in Tafawa Balewa Square on Thursday, the Air Personality (OAP) Omotoke ‘Toke’ Makinwa made the defamatory statements against her ex-husband, the businesswoman fitness Maje Ayida. in his 2016 book “On Becoming” published by Kachifo Ltd.
The judge held that “After careful consideration of the evidence in court,” he only found the content of page 54 line 11-16 and page 83, line 1 of the first book of the accused as defamatory. The court determined that Toke’s claim in those parts of the book that he gave Ayida N2,000 to give to a woman and that she contracted an infection through him was unproven.
Page 54, line 11-16 says: “He left me but asked if I had two thousand nairas, he wanted to leave it at the door for his cousin who was visiting. I gave him the money. I stupidly paid for Anita’s transportation and couldn’t speak. I was in shock “. On page 83, line 1 reads: “I had caught an STI (sexually transmitted infection) in the past.”
The Court awarded N500,000 in damages against each of the 1st and 2nd defendants to any charity of Ayida’s choice. The court also granted a court order preventing Makinwa and Kachifo from producing copies of their book with the defamatory words on pages 54 and 83. Judge Ogunjobi also gave the defendant 30 days from his sentence to erase and remove said defamatory words from unsold copies of the Book in the custody of the accused.
Ayida filed the lawsuit identified as ID / ADR / 820/2017 through her lawyer Kemi Pinheiro SAN, leader of Adetokunbo Davies. Adeyinka Olumide-Fusika SAN represented the first and second defendants Makinwa and Kachifo Ltd. In his amended claim statement of February 15, 2109, the plaintiff argued through Pinheiro that his ex-wife was obsessed with social media and fame and had made various defamatory statements on various pages of the book, including but not limited to pages 44, 48, 52, 54, 63, 64, 82, 83, 92 and 128.
The claimant told the court that he was a prominent and reputable businessman and professional from a highly respected family working in the health and wellness industry with great potential for success, as well as being a columnist for the two most widely read newspapers in Nigeria. He claimed that the defendants posted, the words complained of “Knowing that they were false, or recklessly as to their truth or falsity … having calculated that the benefit to them would outweigh any compensatory damages to which the Plaintiff may be entitled and for which the Plaintiff is entitled to receive aggravated damages.”
In addition, it maintained that the accused “Deliberately and maliciously” he proceeded to “portray wickedly and falsely” him as a person of undesirable and questionable character, as a result of which his “hard-earned reputation” was seriously damaged. At trial, Plaintiff will allege that the book has elicited numerous adverse comments from members of the public on social media that are highly derogatory to Plaintiff.
Copies of some of these comments will be relied upon at trial.