Business, Legal Drama

Beat 99.9FM’s Olisa Adibua Turns Workplace into Violent Environment, Allegedly Criminally Beats Down News Editor Adewunmi Oyekanmi #Nigerian Criminal Code

Let’s cut straight to the chase because frankly speaking I haven’t the time for foolishness, whatever form it comes. This morning I came across news stories on Nigeria Entertainment Today and Linda Ikeji, accompanied with pictures, that Olisa Adibua, a popular radio personality for Beat 99.9 FM and also an executive with one of the country’s top record label, allegedly battered a fellow BEAT FM employee Adewunmi Oyekanmi, on September 8th, 2011, while the employee was asleep at work.

There was real evidence (pictures) that showed the injuries and by all accounts both from Nigeria’s Federal Criminal Code and international standards, specifically USA criminal law, this was a beating that would be categorized as a felony because of the gravity of the injuries. Adibua, per the pictures, allegedly registered forceful blows to the face  (right head and eye show swelling and blood in the eye) and victim’s right lips are quite swollen .

I had a hard time believing that Adibua, who I discovered is a UK educated man of high pedigree, would resort to what can best be categorized as “savage” beatings and work place violence. I of course held off commenting waiting to hear more. Confirmation came from management of Beat 99.9 FM much later, through a press release, that Adibua and Oyekanmi indeed had a so called “altercation.” The  company’s release, however, was silent as to the cause of the “altercation” and failed to explain the injuries. They did, however, confirm they placed Adibua on a 4week suspension, consistent with reported news on the aforementioned blogs.

Folks, you don’t place an employee on suspension unless you believe wrong doing occurred. Further, since it was an “altercation” arguably Oyekanmi should also be placed on suspension, not so?In any event, we need not look anywhere than the real evidence, the pictures, that substantiated news reports of what amounts to criminal beatings by Adibua on the person of Oyekanmi. I was vexed.

In law, we have a doctrine called “res ipsa loquitor” which means the evidence speaks for itself. Here, the evidence spoke for itself. From the incident the two had, Oyekanmi emerged with serious blows to the face and face and head injuries. Further, his clothes were torn  and his cell phone shattered.

Now, if you all didn’t know, while I handle fashion and entertainment law clients, I also handle criminal defense matters and have handled cases ranging from attempted murder, robbery, battery, assault to everything in between. If Adibua was in the USA, there is absolutely no doubt he most likely would have been charged with the crime of felony aggravated battery and will be sitting locked up right now in jail pending an arraignment (first court hearing) and criminal prosecution.

Let me pause here and address Nigerians in America  reading this. It used to be when I walked into a jail/prison facility to see a client, I would NEVER see or hear about Nigerian persons incarcerated. Lately, it is becoming no big deal. Our young people are getting locked up primarily for assault and battery charges and in particular, violence against their girlfriends. We need to, as a community, check ourselves or else we will get checked.

Nigerian parents, stop worrying about another person’s child and the fact that they do not know “Nigerian culture” and focus on your out of control child that is getting locked up in America.

Nigerian-Americans, Nigerian wanna be Americans and whatever spectrum there is, children and adults, if you can’t do the time, you need to quit with that “ish” i.e. “I ain’t no Nigerian,” “thugin,'” “nigga” this and “nigga” that. All of that wanna be glorified ghetto hard core forming comes with a price. It will land you in jail headed towards prison, for a long time, and most of the time, it will be too late to remember your Nigerian culture/ heritage. You also better believe Nigerians are not trying to claim you when you are locked up. So, you’ve got two choices, let your parents discipline you and get your act together or keep “thugin'” your way into the criminal legal justice system. Make no mistake about it, in the criminal justice system, you will be disciplined.

Back to Olisa Adibua, if he was in the USA, again, he would unequivocally be charged with a felony aggravated battery on Oyekanmi. Any criminal defense attorney taking his case would not be looking to plead “innocent.” Trust me we know a losing case when we see one. They would be looking for the best plea they can get given the horrific pictures. The pictures in front of the jury and the alleged fact that Oyekanmi was asleep is like really, really bad.

If Adibua is lucky, a really good criminal defense attorney would plead his case to a misdemeanor battery and better yet, disturbing the peace. This means he could be looking at a maximum of one year jail time, if any,  anger management classes, a restraining order so he stays away from the victim, restitution to the victim and other court fines.

We ain’t in America. We are in Nigeria, so let’s roll “Naija” style.

Nigerians, given the pictures from the so called “altercation” with Adibua, a confirmation by BEAT 99.9FM that in fact an incident between the two occurred and the clearly orchestrated statement by the news editor, post Beat FM’s press releaseI have to say I am utterly disgusted by the wickedly deep disrespect the Nigerian society has for the less fortunate  among them i.e. poor people.

From the way we treat maids, gatemans, drivers to the way we treat subordinates at our places of employment, I am disgusted. Clearly, the utter disrespect for the have nots is what would make a co-worker or supervisor beat a defenseless man the way Adibua did. Why? What was his crime? There has got to be a complete re-adjustment in thinking and how we treat the less fortunate. We hit and batter the poor that are service providers to us, call them names that are nothing short of derogatory and degrading and then stride or roll  into our nice homes and sanctified churches/mosques to act holier than thou. What a freaking mess that needs to be called out, every-time.

Let’s get to the law. There are two key areas of the law we are dealing with here: Nigeria’s Labour Act and Nigeria’s Criminal Code.  My focus is on the criminal code.

Nigerian Criminal Code Act Part V, Chapter 25

First, Nigerian society is a society where beatings, assault/battery or what have you is permissible and legal. The laws, strictly reviewed from this site here, show that Nigeria’s society encourages beatings. You can beat your housemaids and everyone in sight including your wife, if they provoke you, so long as you do not cause death or grievous harm. What is “grievous harm” is a factual analysis left to the judge  to determine. For the ladies, FYI, an added exception or exclusion when beatings/assaults are not permitted against you,  is rape.

Who wrote these laws? Hmmm . . . let’ s see, men? We gotta do something about this.

In any event, unlike the US criminal laws that distinguishes an assault from battery, Nigeria’s criminal code lumps battery with assault. In this instance, Nigerian Criminal Code Act Part V Chapter 25 section 284-286 seem to govern the Adibua situation. The relevant parts provide:

284. A person is not criminally responsible for an assault committed upon a person who gives him provocation for the assault, if he is in fact deprived by the provocation of the power of self-control, and acts upon it on the sudden and before there is time for his passion to cool; provided that the force used is not disproportionate to the provocation, and is not intended, and is not such as is likely, to cause death or grievous harm.

Whether any particular act or insult is such as to be likely to deprive an ordinary person of the power of self-control and to induce him to assault the person by-whom the act or insult is done or offered, and whether, in any particular case, the person provoked was actually deprived by the provocation of the power of self-control, and whether any force used is or is not disproportionate to the provocation, are questions of fact.

285. It is lawful for any person to use such force as is reasonably necessary to prevent the repetition of an act or insult of such a nature as to be provocation to him for an assault: (translated to, you can beat the crap out of everyone in sight)

Provided that the force used is not intended and is not such as is likely, to cause death or grievous harm. (Don’t kill or cause serious bodily harm to the person you beat)

286. When a person is unlawfully assaulted, and has not provoked the assault, it is lawful for him to use such force to the assailant as is reasonably necessary to make effectual defence against the assault:

Provided that the force used is not intended, and is not such as is likely, to cause death or grievous harm.

If the nature of the assault is such as to cause reasonable apprehension of death or grievous harm, and the person using force by way of defence believes, on reasonable grounds, that he cannot otherwise preserve the person defended from death or grievous harm, it is lawful for him to use any such force to the assailant as is necessary for defence, even though such force may cause death or grievous harm.”

My Analysis:

Did Oyekanmi provoke Adibua, based on reported facts? It appears he did not. The guy was sleeping according to reported facts. But, let’s just say that indeed Oyekanmi provoked Adibua. The next question obviously has to be, was the force used by Adibua to ward off future insults or provocation one that was “not intended and is not such as is likely, to cause death or grievous harm?”

Obviously Adibua would argue he did not intend and the force he used was not likely to cause death or grievous harm to Oyekanmi.

What do the pictures prove?
You can clearly see what my  conclusion would be, but I’ll let you draw your own.

For the BEAT FM staff reading this because I know you all will read this, at some point, the press release is fine but suspension is not going to cut it. An open apology, an enrollment in anger management classes and I would venture to say actual “sacking” or firing is the best solution, based on the inflicted wounds on Oyekanmi.

This story stays archived online and for your employee to have behaved the way he did is unacceptable. It is also very bad for business and sends a message that you tolerate such beatings if you continue to keep him on your payroll. There is no getting around the real evidence i.e. the pictures. Women are part of your staff and they should not have to fear that they will be beaten so horribly if they fail to honor the demands of this employee. If he did it before, he will do it again and next time, there might actually be death.

The only thing that would sway such conclusion for me is a picture showing the injuries sustained by Adibua was the same or more severe. Such picture/pictures would go to show he acted in self defense and would necessitate a suspension and subsequent firing of Oyekanmi as he should not have a job if he also behaved that way. This man’s head and face was disfigured from the brutal and savage beatings. We need not get into who said what and who did what. We were not there. What we have are the pictures and they tell us what happened i.e. Oyekanmi got the crap beaten out of him.

I am absolutely vexed at this outrageous treatment of a subordinate in a workplace environment. BEAT 99.9FM  you also need to implement training and retrain your staff on workplace violence. An employee should not be permitted to create such horrible publicity and liability for your company, I don’t care if they dined with the Queen of England or graduated Summa Cum Laude from Harvard or what have you.

This is simply nonsense and rubbish of the highest order!

Olisa Adibua- Alleged Perpetrator

BREAKING NEWS OF BEATINGS ON NETNG.COM
BREAKING NEWS OF BEATINGS ON LINDA IKEJI
BEAT FM PRESS RELEASE
OYEKANMI PRESS RELEASE

NOTE: If you suffer a beat down at work, look for a Labour lawyer in Nigeria to consult with. Also, look into pressing criminal charges consistent with Nigeria’s criminal laws. Even if nothing happens, you have taken a step towards the right direction. Finally, be sure to engage the media and blogs. Even if the police does nothing, the blogs and media can do something.

Uduak Oduok

Photos: Linda Ikeji

***UPDATE – OLISA Apology 9/11/2011

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6 Comments

  1. Very learned and enriching perspective on the situation.r nQuite clearly, the laws in Nigeria look like they are long due for a slight alteration.

  2. olisa is a fail says:

    I'm not in the least bit surprised. This same olisa fellow verbally washed down a female DJ colleague of his a few years ago as well. He really needs anger management classes asap.

  3. ihuoma says:

    my dear well written but what even angers me the most is the stupid so called human activists on twitter forming numb or deaf to the story….i saw how they went it on the wigwe's story n other stories and am thinking this olisa guy is a real bully if not how quiet r these celebs? the music artiste amongst them probably enjoy air play. nigeria has a long long very long way to go

  4. Uduak,r nr nFirst, I'm sure I'm not alone in expressing heartfelt kudos to you for this pioneering effort. I know first hand how much commitment it takes to sacrifice the time away from catering to your own private success and attend to our collective achievements. Thank you.r nr nYou have pointed out the single most important governmental and cultural issue that we face as Nigerians in search of an improved Nigeria. It is the development, enforcement and institutionalization of codes (laws) by which we will regulate both public and private individual conduct.r nr nThis sad episode and your enlightened commentary illustrate some sad realities:r nr n1. All Nigerians want better conditions and better life.r n2. We are not yet culturally committed to accepting the results of an objective process – we want to be able to judge whom we will judge and have mercy on whom we will have mercy. In a very arbitrary manner.r n3. That lack of commitment to a pre-written set of rules affects everything from individual grievances to public misconduct.r nr nLike many others, I appreciate that Olisa Adibua found the grace to publicly apologize after a short delay (as per your update link), but I, like you, wonder why it is not taken out of the hands of him and his accuser by authorities when the graphic evidence is already there.r nr nEven 5 days in jail should discourage this kind of inhumane behavior in the future, apology notwithstanding.r nr nIn any case, although I hope the two gentlemen can settle this amicably…my point is that in principle, laws should still rule between men… and not arbitrarily.

  5. […] a run down of the incident that took place and my opinion click Ladybrille’s sister site http://www.Africamusiclaw.com.Adibua sent a press release and apologized. He seemed quite remorseful and sincere, to me, at […]

  6. folashade balogun says:

    I absolutely agree with you no one and i repeat ''no one'' should be subjected to such degradation no matter who he or she is.Lets call a spade a spade.

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