A Lagos High Court, sitting in Ikeja has granted a pre-emptive order restraining the Sporty Internet Limited users from peddling or publishing, or continuing to broadcast any narratives, writeups and or any adverse publicity on social media platforms, the allegation of restrictions placed on its users accounts as a result of a potential cyber-crime offence currently being investigated by the Economic and Financial Crimes Commission, EFCC.
Trial judge, Justice D. Olatokun gave the order upon reading a 32-paragraph affidavit deposed to by Beulah Akingbelu, the legal officer of the applicant, and after hearing Dr. Kemi Pinheiro, SAN, appearing with Bolu Akdri, and Benita Morka for the applicant.
Defendants in the suit marked lD/5719MJR/2024 are, Obinna Unegbu, Uchenna Ofurum, Ifenna Moneke, Busola Aina, and Adedamola Okunlola (Suing for themselves and as representatives of the 42 Sporty Bet users whose name appear on the schedule of a list of restricted accounts.
The court also restrained the respondents from publishing or issuing any press release alleging, or portraying to any third party, individual or entity, (either orally, in writing or by conduct) that the applicant is fraudulent, engages or carries on fraudulent, suspicious or illegal businesses in so far as it relates to the allegation of restriction placed on the Respondents’ user accounts.
The motion exparte was brought pursuant to Practice Direction No 2 of 2019 on pre-action protocol, and Order 9 Rule 5 of the High Court of the Lagos State Civil Procedure Rules 2019 and Under the inherent jurisdiction of the court.
The orders read “A pre-emptive order of injunction is granted restraining the defendants/respondents whether by themselves, servants, agents, assigns, privies or otherwise howsoever described in relation to the respondents from peddling and or continuing to peddle, publish and or procure the publishing. broadcast or continuing to broadcast, circulate or continuing to circulate any narratives, writeups and or any adverse publicity on any and all social media platforms (Facebook, Instagram, TikTok, Whatsapp, X (Formerly known as Twitter) etc\ and or any media platforms, blogs, newspapers in any manner howsoever in so far as it relates to the allegation of restrictions placed on the Respondents’ users accounts with the Applicant as a result of a ‘potential cyber-crime offence currently being investigated by the Economic and Financial Crimes Commission pending the Applicant’s compliance with the Lagos State Civil Procedure Rules 2019 and Under the inherent jurisdiction of the court.
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“A pre-emptive order of injunction is granted restraining the Respondents whether by themselves, officers, or agents, servant, privies or assigns or otherwise howsoever described in relation to the Respondents from publishing or issuing any press release alleging, or portraying to any third party, individual or entity, (either orally, in writing or by conduct} that the Applicant is fraudulent, engages or carries on fraudulent, suspicious or illegal businesses in so far as it relates to the allegation of restriction placed on the Respondents’ user accounts with the Applicant owing to a potential cyber-crime offence currently being investigated by the EFCC pending the Applicant’s full compliance with the Lagos State High Court Practice Directions No. 2 of 2019 on Pre-action Protocol.
“Leave is granted to the Applicant to serve copies of the memorandum of claim, and all other document(s) and/ or process(es) that may be filed or issued prior to or in this suit of which personal service is/or may be required on the respondents herein through substituted means to wit: vide WhatsApp Messaging Platform and SMS through the Respondents’ respective WhatsApp telephone numbers08130848345; 08063261834, 0805$666385; 07037919920; 09027931665 and same be deemed as proper service.
“The Claimant is ordered to continue with full compliance with the protocol.
“This order is effective for only 7 days and will lapse on July 2, 2024.
“The claimant is to serve the respondents with the processes in this suit on or before June 26, 2024.
“The enrolled order for pre-emptive remedies and substituted service to be served along with the originating processes.”
Justice Olatokun has adjourned the matter till July 2, 2024, for hearing of the motion on notice.
