Drama of REVENGE PORN

(A Client whose name is MADAM CASH sits at the reception office waiting for BARR. OJULARI to arrive from the Court. She holds a copy of Lawslive Magazine in her hand which she is seriously reading. Barr. Ojulari enters and they both walk into his office)

BARR. OJULARI: Good evening Madam, how are you doing?

MADAM CASH: I am not doing fine lawyer. I am at the verge of committing suicide now. My life is about to be ruined, I need help! (Crying).

BARR. OJULARI: (Gives her a white handkerchief to wipe her face) I am assuring you that there is solution to every problem. Your life is yours, but you are not allowed to end it by yourself. If you make attempt to end your life and you fail, you may still be liable to One year imprisonment for the offence of Attempting Suicide [1].

MADAM CASH: Ah! This life is becoming a hell to me. (Cries bitterly)

BARR. OJULARI: Take it easy madam, what is happening exactly?

MADAM CASH: There was a man I was dating before I met my husband. I loved him so much during our courtship which made me to keep on sending my naked pictures and videos to him, to make him happy, but now, he is threatening me that he will expose my naked photos and videos that are with him for the world. L

BARR. OJULARI: That is bad of him! During your relationship, was there any agreement or assurance that you will both get married to each other?

MADAM CASH: Yes, we had an agreement that we’ll both marry each other, but I later met a man that is richer than him, no one hates a good thing. That was why I had to leave him to elope with another man.

BARR. OJULARI: What do you think he wants to gain from the threat now?

MADAM CASH: I don’t know! But my husband must not hear about this, and those items must not be exposed. It will affect the political career of my husband. It will affect my marriage too. Ah! If that should happen, is death not pleasurable than shame?

BARR. OJULARI: Every wrong has its own remedy, but killing yourself is not any of those remedies. If you kill yourself, you will be the one that will loose at all ends. Your reputation will be ruined, and your life will be lost too! Please, don’t be like that.

MADAM CASH: Ah! My reputation! My Integrity, My Influence! Ah! Ah! I made a mistake in my life. Men! Men!! Men!!

BARR. OJULARI: I have no apology for this, you did not do well! You should not have eloped with another man. Though you have a right to hold your own opinion [2], but your opinion must not hurt another person. After all, you should have resolved the issue with the person you made an agreement with before you went on to marry another man.

MADAM CASH: Ah!

BARR. OJULARI: Had it been that he is wise and knows his right, he would have sued you for the offence of BREACH OF PROMISE TO MARRY[3] and get heavy compensation (Damages ) from you in Court, but he is an intelligent fool, he resorted to self help.

MADAM CASH: What can I do now lawyer? My life is on the verge of ruin!

BARR. OJULARI: How are you even sure that he still has those items at hand?

MADAM CASH: He sent it to me on Monday via WhatsApp.

BARR. OJULARI: What he is trying to do is called REVENGE PORN. It comes in different ways which gives it different names, but the whole aim of that guy is to blackmail you. We can quickly stop him by seeking Court order to seize those items from him [5].

MADAM CASH: Thank you lawyer, but Sir, what if he had published it before the Court grant the order?

BARR. OJULARI: Huh! That will be serious, but you will still get remedy. If he post it on the internet , he will be charged for Cyberstalking and jailed for up to three years or ordered pay up to Seven Million Naira fine. He may even be sentenced to both jail and fine[6].

MADAM CASH: What if he doesn’t publish it on the internet, but print hard copies of my naked pictures and videos and distribute it on the street to the people?

BARR. OJULARI: He will still get out of the wrath of the law! But he won’t be jailed for more than One year for that! [7].

MADAM CASH: All those punishment are not satisfactory to me, imagine a person who damages my life will go to prison for just One or Three years! That Seven Million Naira fine that you talked about, will it be given to me?

BARR. OJULARI: No, it will be remitted to the Government.

MADAM CASH: So Government will make money from the misfortune that happened to me? Ah!

BARR. OJULARI: Well! If you want to institute a Civil Claim to get monetary compensation, you can sue him for infringement of copyright or fundamental human right enforcement. Were you the one that shoot those pictures and videos by yourself?

MADAM CASH: Yes. But how shall we institute a Civil claim in this matter?

BARR. OJULARI: Since you are the one who took the pictures, you are the copyright owner, irrespective of what is in that picture, if anyone publishes it on any media without your permission, he will be liable to pay damages![8]

MADAM CASH: What about the Fundamental human right enforcement?

BARR. OJULARI: The picture is a private matter, if he dares to expose it, it would be against your right to private life that is being protected by the Constitution [8], Nevertheless, this can only be done after he has released those items. Let us be proactive to protect your integrity, reputation and life!

MADAM CASH: OK sir!

BARR. OJULARI: You said he sent the threat to you on WhatsApp right?

MADAM CASH: Yes!

BARR. OJULARI: What was his demand?

MADAM CASH: He said I must give him One Million Naira monthly, and I must be available anytime he calls me to sleep with me. He said he will ruin my life if I fail to comply.

BARR. OJULARI: Good! Quickly make a screenshot of the message and print it for me. Even if he doesn’t do it anymore, he has already incriminated himself. Writing a threat to you to blackmail you and demand something from you is a serious crime. He will go to up to 14 years imprisonment for this.[10]

MADAM CASH: I like that!

BARR. OJULARI: Also, because he has also threatened to expose your naked pictures, which contains obscene items if you do not agree to his terms, he has also qualified for another offence that can send him to up to 14 years imprisonment.[11]

MADAM CASH: That is 28 years imprisonment! (She jumps up with joy), Isn’t it?

BARR. OJULARI: Calm down madam, we must act fast before he releases those items. This is Criminal matter, it must involve the Police. Detecting and investigation of is one of the primary duty of Nigerian Police[12], I will write a petition to the Police now in order to hasten the process.

MADAM CASH: I am happy now. Please let’s do it as soon as possible.

BARR. OJULARI: OK! No problem, the work will start immediately you do the needful.

MADAM CASH: Huh! I understand, I have gotten your Bank account number, I will send you 3 million Naira now.

BARR. OJULARI: What about the details of that foolish man?

MADAM CASH: I have a file here that has all his personal details. (She hands over the file to Barr. Ojulari).

To be Continued!

[1]. Section 327 of the Criminal Code
[2] Section 38 of the 1999 CFRN
[3]. A. A. ABDULRAUF “Drama of breakfast 1” Language of the Law https://www.facebook.com/164898870886587/posts/1035046890538443/?app=fbl accessed on 20th October, 2022
[4] A. A. ABDULRAUF “Drama of breakfast 2” Language of the Law https://www.facebook.com/164898870886587/posts/1038937733482692/?app=fbl accessed on 20th October, 2022
[5] Section 233E of the Criminal Code Act.
[6]. Section 24 of the Cybercrime Act, 2015
[7]. Section 170 of the Criminal Code Act?
[8] Jane Doe v. David Kevin Elam, II Case Number: 2:2014cv09788
[9]. Section 37 of the 1999 CFRN
[10] Section 407 of the Criminal Code
[11]. Section 408 (b) of the Criminal Code
[12]. Section 4 of the Police (establishment) Act, 2020.

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ABDULRAUF Abdullahi Adebayo, is a Law student, a Certified Teacher and a Writer. He can be reached via the following platforms;

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