Mr Idowu Ogunkanmi v Ms Cynthia Chia

Hearing dates: 7 May 2025

Judgment Approved by the court for handing down (subject to editorial corrections)

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DHCJ

This is my judgment on the remedies for a claim for harassment and defamation arising out of a pattern of behaviour by Ms Cynthia Chia (the Defendant) directed against Mr Idowu Ogunkanmi (the Claimant) over several years from early 2016 to date.

Mr Ogunkanmi was not present at the hearing but was represented before me by Mr Symes. Ms Chia was not present and was not represented. She has not engaged at all with the proceedings to date. Also present at the hearing, representing Meta Inc (formerly joined as a defendant) with a watching brief, was Ms Hamer.

These proceedings for a claim under the Defamation Act 2013 were brought by way of a claim form dated 3 April 2024 against Meta Platforms Inc and Cynthia Chia. The Amended Particulars of Claim were dated 6 ^th November 2024 and include a claim for harassment in addition to the defamation claim. While I note that an issue related to the limitation period for claims brought in defamation could have been raised, Ms Chia did not file an Acknowledgement of Service and has not engaged with the proceedings at all. She has offered no defence. The proceedings against Meta Inc were to be defended on various grounds but have now been discontinued.

As a result of the lack of engagement, a default judgment was entered against Ms Chia on 13 February 2025 by Master Stevens, sealed by the court on 24 February 2025. Pursuant to an order by Steyn J dated 25 February 2025, the issues for me to decide are:

a) the appropriate level of damages to be awarded against Ms Chia; and

b) the need for and nature of any injunctive relief that may be required against her.

Factual Background

My decision on the appropriate remedies is necessarily based upon the default judgment and the factual background as pleaded in the Amended Particulars of Claim along with the witness statements provided by Mr Ogunkanmi and Ms Okoye. As the Defendant has not engaged with the process, I have no evidence or submissions from her.

Mr Ogunkanmi is based in Dubai and travels regularly for work. Ms Chia lives in London. They are both part of the Nigerian diaspora.

Ms Chia and Mr Ogunkanmi met in London in a night club in 2015. Mr Ogunkanmi passed his number to Ms Chia through another woman, Prisca Okoye. Ms Chia and Mr Ogunkanmi then arranged to meet up and spent the night together in Mr Ogunkanmi's hotel where they had sex. Mr Ogunkanmi flew back to Dubai, where he lives and works, the following day.

Despite the short-lived nature of their encounter, Ms Chia and Mr Ogunkanmi kept in touch afterwards on apparently friendly terms. But in early 2016, the Claimant received a call from Ms Chia accusing him of having had sex with Ms Okoye. The Claimant and Ms Okoye both say this was untrue. Ms Chia, however, then started to call and message the Claimant persistently with these allegations until he asked her not to call him about the subject again and went on to block her number, although he accepts that he continued communicating about other matters with her at that stage.

The nature of the communications from Ms Chia included threats to “destroy” Mr Ogunkanmi and he says she asked him for thousands of pounds. He says he paid her £250 which he believed was to cover her phone bill. The intimidating nature of the communications from Ms Chia then escalated with her threatening to send messages about the Claimant to people he knew and calling his workplace over and over again, sometimes over a hundred times in a day. The harassment became oppressive, negatively affecting Mr Ogunkanmi's colleagues as well as himself.

In May 2016, Mr Ogunkanmi travelled back to London to refer this conduct to the Metropolitan Police and in June 2016, Ms Chia was arrested, interviewed and later bailed with conditions:

a) Not to contact the Claimant directly or indirectly: and

b) Not to attend or contact the Claimant's office, workplace or colleagues.

Around six weeks later, Ms Chia contacted one of the Claimant's colleagues saying that Mr Ogunkanmi “will spend the rest of his life in jail.” This message was shared with the police and, on 15 August 2016, Ms Chia was issued with a First Instance Harassment Warning by the Metropolitan Police.

In late September 2016, Mr Ogunkanmi was informed that Ms Chia had made an allegation of rape against him. He returned for a voluntary police interview in London in October 2017 and in December 2017 he was told that the police were taking no further action in relation to the rape allegation.

Shortly after that, in January 2018, the Defendant started to call Mr Ogunkanmi again and he reported this to the Metropolitan Police. In early 2018, he became aware of profiles on Instagram that appear to belong to or be managed by Ms Chia. The multiple defamatory statements complained of were mostly posted on Instagram through various different profiles with names including cindylicious11 (later changed to u_smell-nice-witch), all of which the Claimant says belong to Ms Chia.

The first set of publications on Instagram in April 2018 included the following posts:

a) “The rapist aka Benny who thought he was above the law. Tell people how you were begging for a child after rape. Looking for a son? If you turn left over there Desparate errandguru with her belly like a mother of 4 can help you with a child. Oops I forgot you know the trash (Prisca Okoye)…”

b) “Idowu Ogunkanmi of Sahara is the rapist I am talkin about. The rapist went as far as paying people to destroy evidence.” The post also bore the caption: “ENOUGH! This ANIMAL, rapist has the gods to pay people to destroy evidence. From police officers, to medical staffs. Why did you lie to the police you don't know someone whom you know and much more????? Why did you lie about when you met the person you raped??? I am coming with more, wait on it…. Should I call names. God punish you. DO NOT EVER MISTAKE ME FOR THESE MONEY HUNGRY WITCHES YOU HAVE BEEN DEALING WITH. I guarantee you, I will get justice, and you cannot buy…”

c) “Idowu Ogunkanmi the rapist, the animal who goes around paying money hungry individuals to cover up his dirty deeds.”

d) “Idowu Ogunkami YOU ARE A RAPIST”

e) “Idowu Ogunkanmi is a rapist and Prisca Okoke errand runs kill you there. Cheap thirsty Closethoe.”

The Claimant pleads that the usual meaning of these publications and ‘the impression which would be formed by any member of the public would be that (a) the Claimant was a rapist; and (b) the Claimant had paid police and medical staff to alter or destroy the evidence in the course of a criminal investigation against him.’

The publications on Instagram from March 2020 were of a similar vein and included the following:

a) “I HAVE HAD ENOUGH. This ANIMAL Idowu Ogunkanmi told police I blackmailed him, blackmailed you to rape me? Stop going around raping people because you want a son okurrr. I WANT JUSTICE. You thought I would NEVER findout what you and your accomplices did. This desperate thing calleed Prisca Okoye knows what you did to me right. You planned with that desperate witch Prisca and went to the police together, didn't you. Tell the public what you tow did. You all thought, you had buried me right? Little did you know. And you sent the desperate yoyo Prisca to be calling police up and down London. This desperate thing Prisca knows you are a rapist but she is the most desperate money hungry witch I have ever known in my life. Where your oga know”

b) “Rapist… son of a beach ask does desperate 9ja women to give you a son ok go and section your mother, arrest your father from the grave. Find a desperate hungry 9ja girl to rape and impregnate. I have never seen where an innocent person goes around paying people to destroy evidence”

c) “Idowu Ogunkanmi STOP going around raping women because you want a son… When my abuser claims to be the victim…”

The pleaded meaning of these posts is 'that (a) the Claimant is a rapist; (b) that the Claimant paid people to destroy evidence in a criminal investigation; and (c) that the Claimant conspired with Ms Okoye to pervert the course of justice. For the avoidance of doubt, the Claimant understands ‘9ja’ is a short hand for ‘Nigeria(n)’.

Many other posts were made with the same meaning including a post published up until at least 31 December 2021 with a photograph of the Claimant's face and the text:

“ This is the animal who drugged, raped, impregnated me and was begging me to keep it that he wants a son. I know gree. He went to the police where the desperate hungry friend of mine called Prisca Okoye to make himself the victim. He has insulted Prisca over and over again, she know this and he was sleeping with her behind my back. He lied he does not know Prisca. He has been reported and he has been paying people to destroy evidence which shows he is guilty. No biju go police first day win case. You and your accomplices must face justice. BTW Prisk who done give you belle?”

The Claimant says ‘the obvious meaning of this post is (a) that the Claimant drugged, raped, and impregnated the Second Defendant; (b) that the Claimant misrepresented facts to the Metropolitan Police; and (c) the Claimant paid people to destroy evidence which would incriminate him.’

The Instagram...