UK-based Nigerian blogger floors MFM’s Olukoya in US court over defamation suit

A United States Court in the Northern District of California, has dismissed a N500m defamation of character lawsuit registered in the United Kingdom by the General Overseer of Mountain of Fire and Miracles Ministries (MFM), Dr Daniel Olukoya, against a Nigerian UK-based blogger, Maureen Badejo.

In dismissing the suit on Monday, the court also declined personal jurisdiction over the defendants and denied Olukoya‘s’ motion for default judgment.

According to details of the case, Badejo, the owner of Defendant GIO TV, had reportedly published a libellous publications against Olukoya and his church, and when the case was first heard at an Ogun State High Court in Abeokuta, the judge, Justice Abiodun Akinyemi had awarded N500m damages against her.

But in the resumed hearing in the US Court, the District Judge, Haywood Gilliam Jr., denied the motion for default judgment and dismissed the case “for lack of personal jurisdiction.”

His ruling in a document titled, ‘Defendants. Case No. 20-cv-08001-HSG Order denying motion for default judgment and dismissing case’, signed by Gilliam reads in part:

“The case is dismissed. The Clerk is directed to terminate the case. It is so ordered.

“For the following reasons, the court denies the motion for default judgment and dismisses the case for lack of personal jurisdiction.

“Plaintiffs allege only that Ms Badejo is a Nigerian-born blogger who resides in the United Kingdom; that she operates an online news site, Defendant Gio TV, with an emphasis on Nigeria; and that this online news site is accessible on Facebook, YouTube, and Instagram.

“The allegations are insufficient to establish general personal jurisdiction over defendants. Plaintiffs argue that the court has specific personal jurisdiction over defendants because the defendants’ minimum contacts with California satisfy the Ninth Circuit’s three-prong test.

Read also: London court rules in favour of Olukoya, MFM against blogger

“This is a state law defamation case against defendant Maureen Badejo, a foreign national who appears to be a Nigerian citizen and resides in the United Kingdom.

“District courts in California may exercise personal jurisdiction over a non-resident defendant to the extent permitted by the due process clause of the constitution.

“Plaintiffs allege that Ms. Badejo posted defamatory posts on Gio TV over Facebook, YouTube, and Snap Chat. This constitutes an intentional act. However, the court finds that plaintiffs have not established that defendants’ conduct meets the second element of the Calder effects test.

“This analysis can be difficult when applied to material freely available on the internet. Notably absent is any allegation of conduct by Ms Badejo that has anything to do with California.

“None of the allegedly defamatory statements quoted by plaintiffs in the complaint make any mention of California or show any attempt by Ms Badejo to directly target California.

“Despite the lack of explicit connection between Ms Badejo’s statements and the forum state, plaintiffs argue that Ms Badejo expressly aimed her conduct at California because she made statements about the Maryland state court litigation.

“Plaintiffs’ argument seems to be that because the Oakland branch of Mr Olukoya’s religious organisation was responsible for importing books into the United States, statements made by Ms. Badejo about the Maryland litigation, which involved allegations of tax fraud arising from that importation, constitute conduct deliberately targeting the Oakland branch.”

By Isaac Dachen…

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