PUNCH
Newspaper is in big trouble as SimmonsCooper Partners, the law firm
formerly headed by Vice President Yemi Osinbajo has given the newspapers
72 hours to retract a story alleging that the firm was associated with
or involved in an alleged N100 billion tax by Alpha Beta Consulting
Limited.
The firm’s Managing Partner, Dapo Akinosun said;
“SimmonsCooper
Partners’ (“the Firm”) attention has been drawn to certain allegations,
assertions and other false accusations made against her in the front
page of the Punch Newspapers of July 13th 2019, titled “Osinbajo’s firm
linked to company fingered in alleged N100bn Alpha Beta scam” (“the
Publication”);
“For the record, SimmonsCooper Partners refutes
all the false allegations imputed against the firm, her members and
persons currently or previously associated with the firm. The
Publication singled out, not only SimmonsCooper Partners, but also
Professor Yemi Osinbajo (SAN) (GCON), a onetime senior partner and
member of the firm, for public opprobrium;”
“The Publication
contains untrue and highly defamatory statements towards the firm, some
of which contain malicious falsehood. In doing so, defamatory statements
are being communicated to millions of people throughout the world,
diminishing the firm’s reputation and that of various individuals who
have worked at, and continue to work, at SimmonsCooper Partners;”
“SimmonsCooper
Partners states that it is not involved, in any shape or form, neither
does it have a link with, the alleged tax evasion, money laundering, nor
corruption claims alleged against any of the corporations identified in
the Publication. For the avoidance of doubt, SimmonsCooper Partners has
never retained a physical or correspondent address at “B5 Falomo
Shopping Complex, South West Ikoyi, Victoria Island”.
“This
address is copiously portrayed in the published CAC Form 2.1,
purportedly, as proof of the linkage between the firm and the subject
matter of the allegations, whereas, a cursory inquiry by Punch could
have shown that this address is neither the firm’s registered address
nor its principal office.”
“The firm categorically states that it
has never been retained by Ocean Trust Limited to offer secretarial
services as alleged by Punch Newspapers or at all. As is custom with
filings as Company Secretary, there is no acceptance letter by the firm
consenting to the purported appointment, or any other filing undertaken
by the firm as Company Secretary at the registry of the Corporate
Affairs Commission;”
“The Publication seems designed to damage
the reputation of SimmonsCooper Partners and its past and current
members rather than have any fair comment basis. The Publication was a
false statement of fact, intentionally published in print and on the
Internet, to millions of people within Nigeria and around the world. The
malicious intent is demonstrated by the fact that a public search at
the Corporate Affairs Commission shows that Ocean Trust Limited has a
subsisting company secretary that had been appointed since 2011, which
fact was curiously left out by the Punch Newspapers in the Publication.
We believe that the Punch Newspaper’s admission to “rush to press” with
the Publication, was motivated by malice and calculated to cause harm to
the firm and its past and current members;”
“Further, the
imputation that offering professional services to a company, by itself,
creates an association with alleged wrongdoing, is neither customary nor
reasonable. We are certain that Punch Newspapers has external legal
advisers who will not be taken to be privy to, or actors in, the
defamation alleged herein, or indeed in other matters of liability that
may arise in the course of running Punch’s business. Offering
professional services, by itself, cannot be characterized as
wrongdoing.”
“The insinuation that the firm, its past and current
members are somehow associated with alleged tax evasion, corruption,
the suppression of investigation and obstruction of justice is not only
unjustifiable and unreasonable, but also malicious in intent. Without
more, the Publication has definitely held the firm up to scorn,
ridicule, disgrace, and contempt in the minds of the readers of the
Publication;”
“SimmonsCooper Partners, today, is a product of the
combination of her members’ intellectual capital, industry and
integrity garnered for several years. We are proud that Professor
Osinbajo continues to epitomise these values even in public service. In
line with international best practices, upon his election as
Vice-President of the Federal Republic of Nigeria, Professor Osinbajo
resigned his membership of the firm;”
“The firm is aggrieved by
the wanton, mischievous and most unprofessional manner in which the
Punch Newspapers has published the defamatory statements in the
Publication. SimmonsCooper Partners intends to seek redress to the
fullest extent available in law and has requested the Punch Newspapers
to do all of the following:”
• remove from publication in their
entirety the defamatory publication and all online threads to prevent
further harm to the Firm’s business;
• produce an apology and a
declaration that the allegations referred to are false and defamatory
and cause such apology and declaration to be published in each of the
forums which have given or could give reason for our complaint (such
apology to be approved by us prior to publication);
• provide details of the number of online posts made, together with website addresses;
• make proposals for the payment to us of damages for the harm caused to our reputation; and
• undertake to actively monitor and delete any newly published defamatory content relating to the Firm.
“If
the defamatory Publication and threads are not permanently removed and
the above undertakings are not complied within the stipulated period,
SimmonsCooper Partners reserves the right to undertake further action as
appropriate.”
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