Legal Drama

Legal Drama: Banky W Threatens to Sue Nigeriafilms.com – What are the Damages?

Happy Thursday!!! Top of the day to you all! We are almost down to the finish line for the week. What plans do you all have for the weekend?

Okay, let’s see. What do we have in our Africa Music Law Judicial Docket today? We have the case of Banky W v. Nigeriafilms.com. We’ve got a bit of legal drama but not much to say about this.

The Facts
In a nutshell, a site called Nigeriafilms.com publishes an article about Nigerian R & B singer and label executive owner Banky W. Banky W sees the article and is upset. He publishes a response on his blog where he explains what actually happened and threatens to sue Nigeriafilms.com if they do not take down the story. The story is about his performance at an event in Abuja.

My Thoughts?
I have mentioned this before on AML. Organizations or people may wrong you but if you do intend to sue, there has to be damages you can really point. If you will go through the expense of hiring an attorney and you seek legal redress in a court of law, be prepared to show the real damages you suffered. In this case, I fail to see it. Although I presume there might be colleagues that disagree with my take.

Cost of a lawsuit in US dollars
-On a good day, $60-100,000 dollars
-On a bad day $100,000 well into millions

I am unsure how much trials cost in Nigeria’s court system but I presume the costs adds up very quickly too.

Banky W’s note makes no mention of any real damages suffered. In fact, the story was so insignificant, no one noticed until Banky W brought our attention to it.If a suit commences, it should have a lot more bite and make sense to sue for the Plaintiff. For example, Jim Iyke’s HIV wickedly false story, Uche Jombo’s alleged abortion of a baby she was never even pregnant of are the kinds of situations you get your lawyers to throw legal grenades on and raise hell. In Jim Iyke’s situation, you also get the police and the prosecutor’s office involved. That ish ain’t funny.

For a story on Nigeriafilms.com with a “he said” “she said” slant, of which Banky W even says is “almost entirely” false, meaning some itsy bitsy parts are true, it is an easy fix through Nigeriafilms.com’s Internet Service Provider.

Cheers,
Uduak

“ANOTHER Writer makes a fool of himself…
Hey Folks,

Pls read this link before you read my response below: http://www.nigeriafilms.com/news/15780/3/musician-banky-w-makes-a-fool-of-himself.html

This story is almost entirely false. I will never understand why some press people take it upon themselves to unfairly slander and bring down the reputation that someone has worked extremely hard to build. Ladies and gentlemen, PLEASE do not believe everything you read. With this kind of “reporting”, it’s quite clear that some writers and publications are not worth the paper/website space they use.

This show was organized by Pilot NewsPapers, in December 2011 (not November). The “headliners” were the Legendary Bongus Ikwue, Omawumi, and myself.. as well as a couple of other acts. What actually happened, was that once we saw Mr Ikwue on the bill, I insisted and pleaded (along with Omawumi’s Manager Mr Sunday Aare) with the Organizers that in no way will I agree for him to open for us. In my opinion, he was too much of a legend, and it would not be right for him NOT to close the show. Omawumi, myself and our respective bands made our way down to the backstage area to get ready to perform. It was then that it was told to us, that a lot of the dignitaries in the audience would soon have to leave to tend to other matters… in which case, it was important and only fair, that we let Mr Ikwue perform first, so that the dignitaries present, including Mr Vice President, and many of the Governors, and their entourages, would see him perform before they left.

In all honesty, it was BECA– USE Mr Ikwue IS such a legend, and someone we have the utmost respect, love and admiration for, that we insisted on performing FIRST. When it was revealed that a huge number of the most significant/important Guests were going to leave early, we humbly and rightfully stepped down for Mr Ikwue to perform for the full house. Shortly afterwards, a lot of the dignitaries did leave as we had been told; but as professionals, Omawumi and I still performed for those that did not have to leave so early. Infact, Omawumi was the last performer of the night. These facts will be backed up 100% by Omawumi, her manager Mr. Sunday Are, Mr. Bongus Ikwue, and the Organizers of the show, Pilot Newspapers headed by Mr. Daniel Sanni; a man that was extremely kind and courteous to all of us, and who we are all grateful to. I also strongly believe that it doesn’t matter where you are on the bill of a show; wherever you’re put, you should perform like you’re headlining; whether it’s for 5 people or 5 million people.

I’m honestly sick and tired of people being falsely represented by reporters who are too lazy to look for a real story; if this is the best you can do, please be careful of the targets you pick. I’m not the one. I will now proceed to sue this website, the writer, and everyone involved with propagating such nonsense until they delete this poor excuse for an article and post a full apology, or until a court of Law closes this business down; And for the rest of us… don’t believe everything you read. It’s sad that people already assumed this article was true and started posting all kinds of negative comments… what if I never saw it and/or didn’t have the chance to defend myself against allegations that are, infact, 100% false? To make matters worse, other websites (like 247Nigerianewsupdate.com, sturvs.com and other blogs) have rushed to further propagate this rubbish. . .” Full story on Banky W’s blog.

Africa Music Law™

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ABOUT THE FOUNDER

Credited for several firsts in the fashion and entertainment industry, Uduak Oduok (Ms. Uduak) is a fashion and entertainment lawyer, speaker, visionary, gamechanger, trailblazer, and recognized thought leader, for her work on Africa’s emerging global fashion and entertainment markets, and the niche practice of fashion law in the United States. She is also the founder of ‘Africa Music Law,’ an industry go-to music business and law blog and podcast show empowering African artists. Her work in the creative and legal industries has earned her numerous awards and recognitions, including an award from the American University Washington College of Law for her “legal impact in the field of intellectual property in Africa." She has also taught as an Adjunct Professor at several institutions in the United States. For more information, visit her at https://msuduak.com.

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