Maxwell Opara Threatens To Drag Twitter To Court Over SSS Defamatory Post, Demands N5b In Damages, Says The Platform Breached Its Duty Of Care.

In a pre-action notice served to Twitter’s Nigeria office by his Lawyer, Nnenna Maxwell Opara Esq, the Abuja-based Lawyer and Human Rights Activist berated the social media company for allowing its platform become a breeding ground for character assassination and false allegations against innocent individuals.

In the pre-action notice they demanded the following:

1. A public and unreserved apology issued by Twitter Nigeria Limited on the same Twitter platform where the defamatory content was published. This apology must be visible to all users and followers of the accounts involved in spreading the defamatory material.

2. A publication in 3 prominent national daily newspaper in Nigeria, prominently displaying the apology and clarification of the facts. This publication must be accessible to a wide audience and remain available for a significant duration.

3. Compensation in the amount of Five Billion Naira (NGN 5,000,000,000) to be paid to Maxwell Opara Esq as restitution for the severe damage caused to his reputation, emotional distress, mental anguish, and the expenses incurred in addressing this matter legally.

Read the complete letter below.

31^st July, 2023

Managing Director

Twitter Nigeria Limited 1,

Kingsway Falomo, Eti-Osa,

Victoria Island. Lagos state.

Dear Sir,

    RE: USAGE OF YOUR PLATFORM FOR PUBLICATION OF HATE SPEECH, RACISM AND DEFAMATION OF CHARACTER CONTRARY TO EXTANT STANDARDS AND CONTENTS REGULATION.

     RE-NOTICE TO COMMENCE LAW SUIT FOR NEGLIGENTLY ALLOWING THE OFFENSIVE PUBLICATION AND DEFAMATION OF MAXWELL OPARA, A LEGAL PRACTITIONER ON TWITTER PLATFORM BY @OfficialDSSNG.

We are firm of Legal Practitioners with Maxwell Opara Esq as our principal partner (we hereinafter refer him as our principal partner or him/his) and write you on his interest.

We are writing this letter with utmost gravity and concern regarding the recent events that have transpired on your platform, Twitter particularly on the 18^th day of July 2023 at about 12noon. It has come to our attention that Twitter Nigeria Limited, as the operator of Twitter in Nigeria, has allowed its platform to be exploited for malicious intent, hateful conduct and abuse resulting in the defamation, degradation, and insults targeted at the distinguished legal practitioner like our principal, Mr. Maxwell Opara.

May we inform you that Maxwell Opara Esq has exemplified excellence in his legal practice, contributing significantly to the Nigerian legal landscape. Being a member of the Nigerian Bar Association, he has devoted his skill and intelligence to ensure exponential growth in the legal profession. As a Human Right Activist and an active member of the International Bar Association, he has been a prominent figure who wins awards on moral and excellence from academic institution, Non-Governmental Organization and religious organizations, advocating for justice, upholding the rule of law, and fighting for the rights of individuals and communities. However, the unabated spread of false, defamatory, and insulting content on your Twitter has severely damaged his reputation, causing immeasurable distress and harm to his personal and professional life. Our client has since the unfortunate defamation from the twitter been subjected to numerous calls of concerns.

It is worthy of note that the Department of State Security (DSS) that made the Defamatory, ethnic profiling and racist statement has been ordered countless time for certain actions, one of which is the one which court ordered them to apologize to Mr. Maxwell Opara Esq for violating his right and also to pay him the sum of N5,000,000.00 five million naira as compensation. Given the series of the orders of court Maxwell Opara Esq has gotten against the Department of State Security (DSS), every avenue are been sought to silence our principal from his advocacy for Rule of Law but they have failed except for recently when you allowed your platform to be used to defame and reproach him.

The tweet on the said day, which had about 50,000 views and posted by one Paul Ifeanyi, of the Department of State Service (DSS) read thus;

Charge and bail, overzealous uninformed IPOB/ESN lawyer Maxwell Okpara mobilises other like-minded lawyers against the DGSS. Futile Efforts. Well, Nigerians, beware! This is in bad faith. Transferred aggression.

Thread;        A Biafran Republic Agitator and outlawed IPOB counsel defending the suspended CBN Governor. Is IPOB defending one of theirs???? What a contradiction…..hmmm…what’s the connection? Is someone telling us something? May Maxwell be properly educated on Points of law, please.    

As a responsible entity, Twitter Nigeria Limited owes our clients duties and holds the crucial responsibility of safeguarding the well-being and reputation of its users or protects its users from denigrating any person not on twitter. Regrettably, it appears that your platform has become a breeding ground for character assassination and false allegations against innocent individuals like our client. Despite numerous complaints and reports raised by well-meaning colleagues of Maxwell Opara Esq, the said defamatory tweet trend and lingered till the image and reputation of our principal was damaged and ruptured as you failed to take timely and decisive actions to curb the dissemination of such harmful content. Now all bloggers, news headlines, radio and television station and other news broadcasting institutes have reported same to the world and also trending on latest news.

Some of the emotional backlash the defamatory statement you failed to block from spreading has had on our principal is Humiliation and Embarrassment, Anxiety And Stress, Depression, Anger And Frustration, Loss Of Trust, Sleep Disturbances, Impaired Concentration And Productivity, Physical Symptoms, Impact On Relationships, Self-Esteem Issues which has continued since the offensive publication of the post till date.

Our law firm has the instruction of our principal Maxwell Opara Esq to explore all possible avenues to seek justice and reparations for the harm and damage caused to him as a result of Twitter’s inaction and negligence. While we believe in the power of free speech and expression as enshrined and guaranteed by the 1999 Constitution of the Federal Republic of Nigeria 2011 as amended, we firmly maintain that it should not come at the expense of our client’s reputation and dignity.

TAKE NOTICE that we have the instruction to proceed for litigation, however before resorting to litigation, we strongly urge Twitter Nigeria Limited to consider an amicable dispute resolution to this matter. The resolution must be substantial and commensurate with the gravity of the damage inflicted upon Maxwell Opara Esq. We hereby demand the following actions be taken by Twitter Nigeria Limited within seven (7) days from the receipt of this letter:

1. A public and unreserved apology issued by Twitter Nigeria Limited on the same Twitter platform where the defamatory content was published. This apology must be visible to all users and followers of the accounts involved in spreading the defamatory material.
2. A publication in 3 prominent national daily newspaper in Nigeria, prominently displaying the apology and clarification of the facts. This publication must be accessible to a wide audience and remain available for a significant duration.
3. Compensation in the amount of Five Billion Naira (NGN 5,000,000,000) to be paid to Maxwell Opara Esq as restitution for the severe damage caused to his reputation, emotional distress, mental anguish, and the expenses incurred in addressing this matter legally.

TAKE FURTHER NOTICE that failure to comply with the aforementioned demands within the stipulated timeframe will leave us with no recourse but to proceed with the legal suit against Twitter Nigeria Limited on behalf of Mr. Maxwell Opara. This suit will seek appropriate damages and equitable relief for the harm endured by our client due to the negligent practices of your platform.

We believe that Twitter Nigeria Limited can and should be an enabler of positive change and discourse, fostering a safe and respectful environment for its users. By taking prompt and decisive action to address this situation and complying with our demands, Twitter Nigeria Limited can demonstrate its commitment to the principles of fairness, justice, and responsibility.

We anticipate your response and sincere efforts to resolve this matter without resorting to protracted legal proceedings. We are open to engaging in constructive dialogue to reach a resolution of dispute that will uphold the integrity of both your platform and Mr. Maxwell Opara’s reputation.

May you be guided.

FOR: MAXWELL OPARA & ASSOCIATES

BARR. (MRS) NNENNA MAXWELL OPARA .

MANAGING PARTNER.