A member of the House of Representatives, James Faleke, has rejected a pre-action notice issued to the Senate Majority Leader, Senator Opeyemi Bamidele, by Senior Advocate of Nigeria, Victor Opara, over an alleged defamation claim.
Opara acted on behalf of the Managing Director and Chief Executive Officer of Magodo Property Development Company Limited, Lai Omotola, demanding a public apology and the payment of ₦5 billion in damages over statements allegedly made against the Lagos-based property developer.
The lawyer accused Senator Bamidele of slander, claiming he described Omotola as a “land grabber” and a “fraudulent person” during a telephone conversation with Faleke. Faleke, however, denied the allegation, insisting that no such statements were made.
According to Opara, the alleged remarks were made during a phone call placed on speakerphone at Faleke’s residence in Lagos and were purportedly heard by several individuals. He argued that the statements imputed criminal conduct to Omotola and exposed him to public ridicule and contempt.
The letter described the alleged comments as false, malicious and injurious, claiming they damaged Omotola’s reputation and strained his relationship with Faleke and other associates.
The pre-action notice also outlined the background to an ongoing dispute over a property at 24 Adeola Odeku Street, Victoria Island, Lagos. Opara maintained that the land belongs to the Federal Government and was lawfully leased to Magodo Property Development Company for 99 years after the payment of ₦1.152 billion.
He claimed the company enjoyed peaceful possession until Kaplan Properties Limited allegedly laid claim to the property based on a title derived from the Lagos State Government, which Opara argued was invalid because the state lacked authority over the land.
Opara further alleged that Kaplan Properties, with the active support of Senator Bamidele, used the police to forcefully dispossess Magodo Property Development Company of the property, despite the matter being a civil dispute.
He said the police intervention led Omotola to file an action at the Federal High Court in Lagos, which ordered the police to vacate the property. According to him, the order remains valid and has not been set aside or overturned.
Despite the subsisting court order and a pending suit at the Lagos State High Court, Opara alleged that attempts were still being made to take over the property through police involvement, which he described as unlawful and an abuse of power.
While expressing difficulty in believing that Senator Bamidele would be involved in such actions, given his public record, Opara said the facts available appeared to support Omotola’s claims.
On the defamation allegation, the SAN argued that the statements attributed to the Senate Majority Leader amounted to slander actionable per se, as they allegedly imputed the commission of a crime under the Lagos State Properties Protection Law. He noted that such claims attract damages without the need to prove actual loss.
Opara therefore demanded a written, unreserved apology to Omotola, copied to Faleke, within 14 days, and the payment of ₦5 billion as compensatory damages within 21 days. He warned that failure to comply would result in legal action, with damages likely to exceed the amount demanded.
Faleke responds
Faleke, through his counsel, Gboyega Oyewole, SAN, distanced the lawmaker from the claims, stating that no slanderous statements were made.
“Our client has informed us that nothing of such as contained in the said letter occurred,” the response said, adding that the clarification was made for record purposes.
