31/10/2023
Reply to mr Deacon_Famous on the Ojapiano Saga with Kcee.
Dear mr Deacon_Famous ,after listening to your well researched presentation, I think I will disagree with you on certain issues mostly from a legal standpoint.When Ojapiano in his interview said he was induced to defend Kcee at the time it should not be misconceived to be Duress which you relied and expatiate on detailly in your well researched presentation.
However, there is a difference between Duress and Undue influence all of which are vices for a valid contract to be established. Duress and undue influence are two legal concepts that pertain to situations where one party exerts pressure or control over another party in a contract or agreement. While both involve some form of coercion and both wants proven can invalidate any contract or decision.
According to black’s law dictionary (9th ed., Thomson Reuters, 2009) 578, duress to consist in the physical restriction of an individual or the imprisonment of the property of a party to an agreement or the real or threatened violence or confinement. According to him, the subject of duress must be the individual who is a party to the contract, or his relative or relatives and such duress must be actually imposed or threatened by the other party to the contract or by someone else acting on behalf of or for the benefit of that other contracting party.
According Bamgbose, O.J., Digest of Judgments of the Supreme Court of Nigeria (Volumes 3 & 4) (Safari Books Limited 2014), undue influence refers to the state of mind of a person who has been subdued by an improper persuasion or machination in such manner that he is overpowered and consequently induced to do or refrain from doing an act which he would otherwise do or not do only of his freewill. Going by these definitions, it is clear that what Ojapiano said at the interview is not Duress but he was unduly influenced which can still invalidate his previous acts and statements. To prove undue influence certain elements must be established,
-Demonstrate that the person exerting the influence had a position of authority or trust over the vulnerable individual; Was Kcee in any authority over the vulnerable Ojapiano to influence them to debunk the statements that he was using them for his gains and gives them promises that will be attained if they debunked the social media outcry?.
-That the vulnerable individual was susceptible to coercion; Ojapiano guys were obviously susceptible to coercion from Kcee
-That it was against free will; from every indication they didn’t debunk the statement with their free will.
-That the person exerting the influence directly benefited from the decision or action taken; it is clear from the interview who benefited from the project.
This however is my personal observations and can altered if we hear from the other party. The main purpose here is to distinguish between Duress and Undue influence which I think mr Deacon_Famous misinterpreted it in his analysis. It is now clear that Duress involves direct physical force while undue influence involves convincing someone with promises to perform an act without necessarily applying force.
Also, a valid contract can be written and oral. though it is advisable to be written, it can also be inferred from surrounding circumstances of each case after hearing from both parties.
Aloysius Awah of Seunang Awah Law Firm
Fan from Cameroon.
