Music Business

Should Davido be Criminally Liable for Allegedly Arresting Women Who Claimed he Impregnated one of them?

Davido is back in the news and many of you have solicited my opinion on his latest shenanigans with respect to attempting to obtain justice for himself, in a situation he deemed he was falsely accused. Let’s examine his latest actions, shall we?

The Facts

Less than a week ago, two women took to social media to claim that the pop star impregnated one of them, and sought to hold him accountable.

In response, Davido was livid and informed them they had gone too far, and he would “use all (his) power” to ensure the women “end up in prison.”

Why would Davido be so livid, especially given that these women were on video on social networks, being very blatant about their claims? His reason:

  1. Davido claims their statements were untrue.
  2. Davido in-fact has a history of impregnating women. There are 4 women he has allegedly impregnated. Three he owned up to, including Chioma, a woman who he just recently fathered a child with; and has since proposed to her. So, it is in fact very plausible that when these women claim that he impregnated them, people will believe them given his history.
  3. If they are believed, clearly, it greatly injures his reputation because unlike American society, Nigeria and Nigerian music fans make it a point to really shame men like Davido for the lack of self discipline in fathering children, seemingly everywhere. It is a disgrace, a dragging of the family name, and very embarrassing. Davido knows  this and has been through the ringer with prior women mentioned above.

Based on Davido’s response, the women with the allegations apologized and said it was a prank. But, that was not enough to diffuse Davido’s anger. Davido, allegedly, caused the personal arrest (had them in handcuffs) of these women, brought them to his home, and shared/reshared videos with these women in handcuffs on social networks.

MY LEGAL COMMENTARY & ANALYSIS

If the above rendition of the facts are true, we clearly have a problem. While in many jurisdictions, Nigeria included, there are instances where a person can make a citizen’s arrest to apprehend a criminal until the police shows up, the Nigerian defamation laws are explicit that a person is not permitted to arrest another who makes defamatory statements. That power is given only to the police.

Further, Davido has a local lawyer in Nigeria. He also has the economic ability to fund a strong legal defense against these women for defamation. He also can easily execute a strong public relations campaign, that includes an apology from these women, for the alleged false statements. But, he allegedly personally arrested them through his team/squad. Again, if true, that is incredible and quite astonishing.

WHAT KIND OF CRIMINAL LIABILITY CAN DAVIDO FACE?

There might be several but the most prominent and obvious one would be charges for kidnapping. In this instance, if the legal justice system actually works in Nigeria, Davido can be charged for the unlawful seizure of the women against their will i.e. kidnapping. However, what makes this case interesting, is the fact that Davido may just get away with this. Why? Well, it appears the women themselves could face criminal charges for their actions given the way the Nigerian defamatory law is drafted.

For the women to avoid criminal liability, they need to show that their statements were in fact a parody of Davido’s history in impregnating women, and having at least one of these women come forward to make similar public announcements the way they did. They would have to show that they were just making fun of the allegation given the heightened sensation over the recent birth of his child, by yet another unmarried woman.

They can argue that while they realize it may have been distasteful, it was their artistic expression of their creativity. It is a plausible argument if you understand the dynamics of Nigerian society, especially in dealing with the rich. What person in their right mind boldly gets on camera and accuses the son of a billionaire and  popular star of  impregnating them? What person boldly curses at him, and claims his money doesn’t matter?

A woman who is in fact pregnant by him knows she has too much to lose, both for her child, the shame it brings on her family, the intimidation by the star, and the abuse from fans. It makes sense, therefore, like the women say, that it was a prank.

If believed, then it can in turn allow them to press criminal charges against Davido for kidnapping.

As it stands though, I don’t see that happening.

What are your thoughts?

~Ms. Uduak

Davido’s prior AML archived pregnancy cases.

Davido in another paternity mess: Can Dr. Adeleke work on teaching his son self-discipline?

Mental health: Is Davido’s promiscuity and reckless endangerment of his life a cry for help?

Davido allegedly hospitalized after suffering medical emergency

Davido opens up on depression, baby daddy drama, & Sony deal in Guardian Life Interview

Photo credit: TVC

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Africa Music Law™

AFRICA MUSIC LAW™ (AML) is a pioneering music business and entertainment law blog and podcast show by Fashion and Entertainment Lawyer Ms. Uduak Oduok empowering the African artist and Africa's rapidly evolving entertainment industry through brilliant music business and entertainment law commentary and analysis, industry news, and exclusive interviews.

Credited for several firsts in the fashion and entertainment industry, Ms. Uduak is also a Partner and Co-Founder of Ebitu Law Group, P.C. where she handles her law firm’s intellectual property law, media, business, fashion, and entertainment law practice areas. She has litigated a wide variety of cases in California courts and handled a variety of entertainment deals for clients in the USA, Africa, and Asia.

Her work and contributions to the creative industry have been recognized by numerous organizations including the National Bar Association, The American University School of Law and featured in prestigious legal publications in the USA including ABA Journal and The California Lawyer Magazine. She is also an Adjunct Professor at the prestigious Academy of Arts University in San Francisco.
For legal representation inquiries, please email (uduak@ebitulawgrp.com). For blog related inquiries i.e. advertising, licensing, or guest interview requests, please email (africamusiclaw@gmail.com). Thank you for visiting Africa Music Law™.

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