The Applicant In the Suit, Barr. Esezoobo
A senior lawyer, Johnson Odion Esezoobo, has instituted a N100 million fundamental rights each suit, against a Nigerian pastor, Dr. Femi Aribisala and five others.
Others listed as Dr. Aribisala’s co-respondents in the suit marked FHC/L/CS/1789/2024, are: Inspector General Of Police (IGP); Assistant Inspector-General, Force CID, Alagbon, Lagos; Chairman, Police Service Commission; Chairman Economic and Financial Crimes Commission (EFCC) and of the EFCC.
Barrister Esezoobo suit against Dr. Aribisala and other respondents, is
pursuant to Sections 46 of the Constitution of the Federal Republic of Nigeria 1999, (as Amended); Order II, Rules 1 of the Fundamental Rights (Enforcement Procedure) Rules 2009 and Human and Peoples Rights Ratification Act Cap 49 LFN 2004.
In the suit, the lawyer is asking the court for the following reliefs against all the the respondents: “a declaration that the 1st respondent’s action of writing his letter of 6th July 2024 captioned ‘Bid To Recover Proceeds Of Sale Of Land Sold At 40 Oladipo Bateye Street, Ikeja GRA, from The Lawyer Mr. Johnson Odion Esezoobo’, to the 6th respondent, including other information, complaint or report thereon to the 3rd and 6th respondents, upon which the 3rd respondent issued his ‘Letter Of Invitation’ dated 12th of July 2024 inviting the applicant for investigation of the criminal offences contained in the said letter amounts to an unlawful violation of the applicant’s fundamental: right to respect for the dignity of his person and personal liberty guaranteed by Section 34 (1) and Section 35(1) of the Constitution of the Federal Republic of Nigeria 1999 as amended and the same is unconstitutional illegal null and void.
“A declaration that the respondents have no power under the Nigerian law to invite and investigate the applicant for a civil complaint of an alleged failure to remit the proceeds of a sale of his client’s property to him, as such the 3 Respondent’s Letter Of Invitation to the applicant dated 12th July 2024 issued at the behest of the 1st Respondent’s complaint in his letter of 6th July 2024 to the 6th respondent marked ‘Bid To Recover Proceeds Of Sale Of Land Sold At 40 Oladipo Bateye Street, Ikeja GRA From The Lawyer Mr. Johnson Odion Esezoobo’ inviting the applicant for investigation of the various crimes listed therein constitutes an infringement of the applicant’s fundamental right to respect for the dignity of his person and personal liberty guaranteed by S.34 (1) and.35(1) of the Constitution of the Federal Republic of Nigeria 1999 as amended.
“A declaration that the action of the 3rd Respondent in deploying men and officers of the Nigeria Police Force to lay siege over the applicant’s office at GOBI Villa at 121/123, Egbeda-Idimu Road, Egbeda-Lagos State from the 12 of July 2024 to the 26th of July 2024 thereby placing the applicant under surveillance to arrest and detain him to prevent him from travelling out of Nigeria on vacation to the United States of America amounts to an unlawful infringement of the
applicant’s fundamental right to his privacy as well as the dignity of his person and his personal liberty guaranteed respectively by Sections 37, 34(1) & 35(1) of the Constitution of the Federal Republic of. Nigeria 1999 as amended and the same is unconstitutional, illegal null and void.
“A declaration that the action of the 3rd Respondent in placing applicant under surveillance by deploying his men, servants, agents and or privies to the applicant’s office at GOBI Villa at 121/123, Egbeda-Idimu Road, Egbeda-Lagos, from the 12th of July 2024 to the 26th of July 2024 with a view to arresting and detaining him to stop or prevent him from travellin out of Nigeria amounts to an unlawful violation of the applicant’s fundamental right to his privacy as well as his right to freedom of movement guaranteed by Section 37 and 41 of the Constitution of the Federal Republic of Nigeria 1999 as amended and Article 4 of the Human and People’s Rights Ratification Act and the same is unconstitutional, illegal null and void.
“A declaration that the action of the 3rd Respondent and his men, agents, servants and or privies in placing the applicant under surveillance in his office from the 12th to the 26th of July 2024 ona false complaint of the 1st respondent with a view to arresting and detaining him so as to stop or prevent him from travelling out of Nigeria when he was not involved in or reasonably suspected of having been involved in a security breach amounts to an unlawful violation of the applicant’s fundamental right to move freely throughout Nigeria and exit therefrom guaranteed by Section 41 of the Constitution of the Federal Republic of Nigeria 1999 as amended and the same is unconstitutional illegal null and void.
“A declaration that the 2nd, 3rd and 4th respondents and or their officers, servants, agents and privies however called have no power under the Nigerian law to dabble into a dispute between persons in a civil or contractual matter, as such the Letter Of Invitation of 12th July 2024 issued to the applicant pursuant the 1st Respondent’s letter of 6th July 2024 captioned ‘Bid To Recover Proceeds Of Sale Of Land Sold At 40 Oladipo Bateye Street, Ikeja GRA from the lawyer, Mr. Johnson Odion Esezoobo’, inviting the applicant to their office at Force CID Alagbon Lagos State, for investigation of the false allegations therein, is unconstitutional illegal, null and void.
“A declaration that even If the 1st Respondent’s complaints in his letter of 6th July, 2024, to the 6 respondent including any other information, report or complaint based on it were true, the same Is not a criminal matter but a civil dispute between the applicant and his client Mr. Adebayo Aribisala and his wife Mrs. Iyabo Aribisala through whom the transaction was conducted and as such the Respondents’ criminalization of the said complaints as In the 1st Respondent’s letter of 6th July 2024 captioned ‘Bid To Recover Proceeds Of Sale Of Land Sold At 40 Oladipo Bateye Street, Ikeja GRA From The Lawyer Mr. Johnson Odion Esezoobo’ and the 3rd respondent’s Letter Of Invitation dated 12th July 2024 seeking ostensibly to arrest and detain the applicant and prevent him from undertaking his trip to the United States of America on vacation’ unconstitutional, illegal null dnd void.
“A declaration that the planned action of the respondents, particularly including the 1st respondent’s threats through his WhatsApp to arrest and detain the applicant purportedly for investigation based on the 1st Respondent’s letter of 6 July 2024 marked ‘Bid To Recover Proceeds Of Sale Of Land Sold At 40, Oladipo Bateye Street, Ikeja GRA From The Lawyer Mr. Johnson Odion Esezoobo’ and the 3rd respondent’s letter of invitation of 12th July 2024 together with their planned arraignment of the applicant before a Magistrate Court on his return from the United States of America, to put him away in Kirikiri prison, constitutes a threat to the applicant’s fundamental right to the dignity of his person as well as his right to personal liberty guaranteed by Sections 34(1) and 35(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the same is unconstitutional, illegal null and void.’
Alternatively, the Lawyer asked the court for “a declaration that Respondents have no right or power under any law to invite, arrest and detain the applicant or arraign him before any Court of law in Nigeria for any reason whatsoever save for a known criminal offence defined by as such the Respondents’ planned arrest. and detention of the applicant purportedly for investigation and arraignment before a Magistrate Court upon his return from vacation in the United States of America constitutes a threat to the applicant’s fundamental right to the dignity of the applicant’s person as well as his personal liberty and right to freedom of movement all guaranteed by Sections 34(1), 35(1) and 41(1) of the Constitution of the. Federal Republic of Nigeria 1999 as amended and Articles 3, 4 & 5 of the Human and Peoples Rights Ratification Act.
“An order of perpetual injunction restraining the respondents by themselves, their servants and agents or privies however called from disturbing, intimidating and or harassing or interfering in any manner with the applicant’s right to the dignity of his person, personal liberty and or right to freedom to move freely throughout Nigeria or in any way issuing threat or invitation to, or arresting, detaining or invitation to or interrogation whatsoever upon the 1st respondent’s letter of 6th July 2024 marked ‘Bid To Recover Proceeds Of Sale Of Land Sold At 40 Oladipo Bateye Street, Ikeja, GRA From The Lawyer, Mr. Johnson Odion Esezoobo’ or any other complaint or report of the 1st Respondent.
“An order for payment of N100 million only, against the respondents jointly and severally, for unlawful violation of the applicant’s fundamental rights guaranteed by Sections 34(1), 35(1), 37 and 41(1) of the Constitution of the Federal Republic of Nigeria 1999 as amended.
“An order of mandatory injunction directing the 2nd, 3rd and 4th respondents to investigate the false allegations of criminal conspiracy, cheating, diversion of funds and conduct likely to Cause Breach of Peace, contained in the 3rd respondent’s letter of invitation Invitation dated 12th July 2024 to the applicant and if the allegations are found to be untrue, to prosecute the 1st respondent before a Magistrate Court for criminal defamation of the applicant as well as for giving false information to the Police and the Economic and Financial Crimes Commission knowing the same to be false, and for criminal inducement or procurement of the Police to abuse power and unlawfully violate the applicant’s fundamental rights
“An order of mandatory injunction directing the 2nd 3rd, 4th & 5th Respondents to prosecute the 1st Respondent for willfully and intentionally giving false information to the Police and the Economic and Financial Crimes Commission with a view to inducing or procuring them to abuse the powers of their office and unlawfully violating the fundamental rights of the applicant guaranteed by the Constitution of the Federal Republic of Nigeria 1999 as amended.”
The lawyer in his deposition in support of the suit, stated that
Sometime in 2013 one Mr. Adebayo Aribisala, owner of the property at No.40, Bateye Street, GRA Ikeja Lagos State, who happens to be the 1st Respondent’s elder brother based in Ibadan Oyo State was introduced in absentia by a one Wale Oriyomi, a younger colleague and one Abraham Omotayo, an Estate Surveyor, who claimed to have the instructions of the owner to recover possession of the property from the sitting tenants, Dr. Akinola, and his organization, Enterprise Development International thereon and sell the same.
He stated that upon a preliminary review of the brief, he sought to see the owner for interview who then came down from Ibadan and after consultation, he requested to speak with the wife as he felt that it might be preferable to deal with her or any of the adult children in the handling of the brief whereupon he was given the telephone number of the wife, Mrs. Iyabo Aribisala, who confirmed the applicant’s concerns and it Was mutually agreed with the client and the wife that the applicant should deal with the wife since all the children, though adults, were not in Nigeria but based in the United Kingdom.
The lawyer stated further that though, he agreed that he should deal in respect of the matter through the wife, Mrs. Iyabo Aribisala, the client, Mr. Adebayo Aribisala, would not allow the said wife to be plying the Ibadan-Lagos road for the purpose of the impending suit. Accordingly, he sought to know if there was a brother of the client that could stand in for him in the matter whereupon he was given the telephone contact of the 1st respondent who gave the applicant his address and an appointment on the phone.
The applicant averred that further he settled with the client and the wife and the fees having been agreed upon and a deposit made, he wrote a letter to the sitting tenants and the Managing Estate Surveyor, Oba Kole Ojutalayo. And that in their replies, while the Oba said the property was sold in 2009 for N60 million with the consent of the owner, whom he delivered a part payment of N6 million to, leaving with him N54 million which he could not deliver because the owner was no longer reachable, the tenants said they had bought the property and no more business with the client.
He stated further Oba Kole Ojutalayo sought to deliver the N54 million to the applicant who declined, the receipt of the same as that was not his brief. However, the client who through the wife, confirmed the earlier sale and receipt of the N6 million from Oba Kole Ojutalayo, subsequently instructed him to recover the N54 million and renegotiate a new price as the N60 million was an undervalue and take 10% of the total sum.
He further averred that by the reason of the new arrangement, the brief shifted from recovery of possession of the property to recovery of the N54 million in addition to a re-negotiation of a new price for the property for which the client and the wife offered the applicant a fee of 10% of the total sum. And that with the new instructions, he recovered the N54 million from Oba Kole Ojutalayo and remitted the full amount to the client through the wife in the instalment it came less the agreed 10%.
The lawyer stated that in execution of the brief, he wrote several letters to Oba Kole Ojutalayo and the sitting tenants to impress the price review by an additional N80 million, on the basis of based on invalidity of the earlier sale due to the well-known fact of the mental status of the owner. Oba Kole Ojutalayo who accepted the applicant’s proposal for a renegotiation of price, wrote to the tenants accordingly, and several meetings were held unsuccessfully towards reaching a new sale agreement.
The lawyer averred that based on the above, the tenants subsequently went to Court in Suit No. ID/1651/GCMW/16, Enterprise Development International Ltd v Adabayo Aribisala & Anor. And faced with this situation, he sought through the client’s wife, Mrs. Iyabo Aribisala the intervention of the client’s as one Dr. Taiye Ayorinde the Baale of Ekotedo in Ogun State at whose intervention the 1st respondent agreed to stand in for the brother and subsequently signed a witness statement on oath in the matter.
The lawyer stated that as a result of the new development, the claimants eventually accepted a re-negotiation of an additional sum whereupon the parties’ Counsel arranged a meeting for the 28th of February 2018. And the applicant called the 1st Respondent for the meeting and the sum of N40 million was re-negotiated which wds subsequently paid in instalments to hoy by the tenants/buyers. And that he remitted same fully to the client through the wife, Mrs. Iyabo Aribisala, in the various instalments in which It was paid, less the agreed 10% thereof just as in the same way the N54 million earlier received from Oba Kole Ojutalayo was remitted.
He averred further that the 1st respondent, who confirmed the full payment of the additional N40 million by the applicant to the client’s wife, Mrs. Iyabo Aribisala duly executed the Deed of Assignment posted to the client through the applicant by the purchasers’ Solicitor, Tayo Olatunbosun Esq, of Muiz Banire & Associates to perfect the transaction in 2022.
He stated that throughout the period of eleven (11) years from 2013 through 2022, when the transaction was finally concluded, and the parties executed a Deed of Assignment upon the 1st respondent’s admitted confirmation of full payment of the sum of N40 million from his brother’s wife in his letter of 6 July 2024 marked Exhibit B, the applicant and the client, and the family, had/a very cordial relationship; there was no problem between the parties, as neither the client nor the wife or any of the children complained of any improper dealing or non remittance or misappropriation of money due to the client.”
The lawyer’s disposition further reads: “all times material to the case, save that he was required as a co-administrator of the property which belonged exclusively to the client to co-sign the Deed of Assignment, the 1st respondent was never the applicant’s client neither was he part of the relationship between the applicant and his client, through his elder brother, to entitle him to demand for account from the applicant at any time, he having no interest of any kind in the property.
“Sometime in June 2024, the applicant’s client, Mr. Adebayo Aribisala, called up the applicant to say he was coming to Lagos, and he would meet him In the office to execute some documents the purchasers of the property approached the applicant to arrange the execution of to process the registration in the Lands Registry. But the 1st respondent was to call a few days later to say the brother had arrived and instead of coming to the applicant’s office, he had put him in a hotel near his office because he was not feeling too fine, and he would like the applicant to meet him there whereupon the meeting was fixed for the 4th of July 2024.
“Unsuspecting of any mischief, the applicant went to the 1st respondent’s office on the appointed date, 4th of July 2024, with his associate, Phillip Isagua Esq, whereupon the 1st respondent took the applicant and his said associate to the hotel holding with him in his hand an envelope.
“At the hotel, the applicant directed the associate to retire to the reception after exchanging pleasantries with the client for the execution of the documents by the client. Curiously, as soon as the associate stepped out, the 1st respondent pulled out the envelope in his hand and brought out some documents at the request of his elder brother Mr. Adebayo Aribisala, the client who claimed that he had ‘some questions for the lawyer’ about the money he paid to him,’ i.e. payment of N54 million eleven (11) years earlier in 2013 or N40 million two (2) years earlier in 2022 he said he confirmed in Exhibit B from the client’s wife before he signed the Deed of Assignment.
“Concurrently, the client who threatened a Court action against the applicant as also confirmed by the 1st respondent in Exhibit B to recover the unspecified sum of money, started raining curses on the applicant and his children while the 1st respondent pulled out his GSM phone and called Oba Kole Ojutalayo to confirm who he paid the N54 million to. He also called and his sister-in-law, Mrs. Iyabo Aribisala, who affirmed receipt of the N40 million but claimed she did not receive the N54 million whereupon the 1st respondent turned to the applicant with a more hostile, aggressive and more frightening posture.
“Sensing grave danger to his safety and personal security, the applicant, by divine intervention of the LORD, calmly and with utmost courtesy, told the client that since he had threatened to take the matter to Court, he would wait to see the details of the claim as he was still baffled and was getting overwhelmed with a feeling of a set-up and a possible murder by the 1st respondent.
“But in the evening of the same day, the 4th of July 2024, the 1st respondent sent a WhatsApp chat to the applicant to the effect that he had the strict instruction of [his] brother, Bayo Aribisala’, who is the applicant’s client to whom alone the applicant owed a duty to account, but who had never complained, and is not complaining against the applicant, to determine what happened to the N54 million paid to him [the applicant] by Oba Kole Ojutalayo…’
“And without any reasonable and or probable cause, the 1st respondent followed up his false claim by falsely writing his letter of 6 July 2024 to the 6th respondent as well as to the 3rd respondent, whom he said he met in his office and had full audience with, requesting them to arrest the applicant and not allow him travel out of the Country on his planned vacation in the United States of America.
“Further to the above, 1st respondent falsely caused the 3rd respondent who is an officer or agent of the 2nd & 4th respondents to issue the applicant the Letter Of Invitation, inviting him to Alagbon for investigation and thereafter deployed some men and officers of the Police Force illegally to the applicant’s office at Gobi Villa at No.121/123, Egbeda-Idimu Road, Opposite Wema Bank Plc, Egbeda Lagos State to arrest him. Not finding him in the office, as the applicant was away in Abuja, the officers laid siege on the office and mounted surveillance on the applicant with a view to trapping and arresting him purportedly for investigation.
“Further to the above, the 1st respondent took to his WhatsApp page Wherethrough issued series of menacing and frightening threats to the applicant whom he variously called ‘a common thief’ and a ‘fraudulent’ man and confirmed he would arrest the applicant on his return from his vacation in the United States of America and that a ‘place has already been prepared for him in kirikiri’.
“More particularly, on the 20th of July 2024, the 1st respondent sent a WhatsApp message to the applicant in the following terms inter alia: With regard to the police, you have worsened your case. I took the matter to the Assistant Inspector General, who also ensured that the lady from Ogbomosho who is the Commissioner of Police gave me full audience. Let us see how long you can keep running from them. The longer it takes, the worse for you. For that amount of money, there is a place already prepared for you in Kirikiri…”
“Again, on 25 July 2024 the 1st respondent by his various WhatsApp messages confirmed he had set the Police and the EFCC after the applicant in the following exact words inter alia: “If you are innocent and have nothing to hide, why are you hiding from the police? Just wait. When they come to arrest your secretary for aiding. and abetting a thief, she will promptly give them your home address. So you better start living in a hotel or you’re your inlaws and outlaws. Iam raising the ante. My buddy Olisa Agbakoba, has advised me to also take your case to the Legal Practitioners Disciplinary Committee of the Nigerian Bar Association. Expect to hear from them soonest, and the big arm of the law to come crashing down on your legal practice. You Are A Common Thief. You area worshipper of a false god. By the grace of the Lord God Almighty, your life is going to become hell until you are brought to justice and cough up the millions you stole…’
“In the same vein, the 1st respondent sent a WhatsApp message to the applicant on the 26 of July 2024 in the following words inter alia: “The police have been to your office in Idimu 3 times. The first time was on the Friday before your planned trip. They met your Secretary who told them you were in Enugu on a court case. They came back to your office on Monday. You were not there
So, they left a message for you with your secretary asking you to report in Force CID, Alagbon. You did not. They were back again the following Friday and you were not there….’
“The applicant subsequently forwarded all the messages of the 1st respondent to his brother Mr. Adebayo Aribisala who is the client, his wife, Mrs. Iyabo Aribisala and the eldest daughter, Mrs. Elizabeth Kemi Adenuga. And her reply, Mrs. Iyabo Arlbisala through her
WhatsApp on the 26 of July 2024, said inter alia: ‘I did not support him I cannot curse anybody that is not curse by God, my statement has been reconciled by my children because I used their email address just be calm’ (Underlining supplied).
“In her further WhatsApp refutation of August 6, 2024, Mrs. Iyabo Aribisala said inter alia ‘This is not true I told him I received N40 million he then asked again about the land at the back of the house which I said this was paid installmentally while the husband, Mr. Adebayo Aribisala, in his SMS Message of August 12, 2024, said ‘Hello the Law Iam not cross with, I wish you all the best for you and your family. See you latter’. (Underlining supplied).
“Also following the menacing and intense threatening of the applicant by the 1st respondent, which was also circulated to her, the client’s first daughter Mrs. Kemi Elizabeth Adenuga, on the 10th of August 2024, sent a WhatsApp message to the applicant in the following terms: ‘Good Day, thanks for sharing this. It’s a shame and utter surprise that my uncle would presume himself to be acting on my father’s behalf when my father is not childless. My father has not placed any obligation or authorites on him to act. Therefore, he has acting on his own interest and not on behalf of my father his brother. Thank you sir, I know this is unprecedented thanks for your hard work support and patience over the years’. (Underlining supplied).
“In all of these, even if the allegations by the 1st respondent are true or correct, the complaint is a civil matter which ordinarily the applicant’s Client who is an old graduate of mathematics, a guest lecturer in some of the Nigerian Universities and the wife Mrs. Iyabo Aribisala, a retired Banker, are well exposed to ventilate against the applicant.
“Moreover, in her WhatsApp message of the 17th of August 2024, the applicant’s client’s wife, Mrs. Iyabo Aribisala, with whom the applicant acted in the transactions from 2013 to 2024, and through whom he remitted the whole money less the agreed 10% sent to the applicant thus: ‘Good morning here in Nigeria how are you and the children, my husband sent a message hope your received it please accept his apology, all what has happening here is of the devil…’ (Underlining supplied).
“Besides all the total disclaimer of 1st respondent’s action by his brother, Mr. Adebayo Aribisala, and his family, the 1st respondent has no right under the Nigerian law to engage either by way of a report or a complaint any of the Security Forces of Nigeria including the Nigeria Police Force or the Economic and Financial Crimes Commission to recover the money he claims to be chasing the applicant for.
“It is obvious, with the way and manner the 1st respondent has pursued the applicant and threatening that ‘….the big arm of the law to come crashing down on your legal practice’ and that the applicant’s life is going to become hell until you are brought to justice and cough up the millions you stole…’ for money the applicant did not take, that the 1st, 3rd & 6th are determined to do something untoward to the applicant and It Is desirable that the respondents be restrained.
“That 1st respondent has overwhelming bad influence over the 3rd, 5th & 6th respondents whom he has apparently falsely procured to abuse the power of their offices and violate the applicant’s fundamental rights and
unless the Court intervenes and restrain them, and protect the applicant, the 3rd, 5th & 6th respondents will do something very serious to the applicant at the behest of the 1st respondent at which point irreparable damage have been done when it will be too late.
“The applicant considers that it is desirable that the very allegations in the 3rd respondent’s Letter Of Invitation dated 12th July 2024 need to be thoroughly investigated by the 2nd, 4th, & 5th respondents for purpose of record and if the allegations are found to be unfounded, the 1st Respondent needs to be brought to book for criminal defamation and unlawful instigation of the 3rd, 5th 6th Respondents abuse their office to the violation of the applicant’s fundamental rights.
“Since the 1st Respondent’s frightening, threats and vows to do him the evil recounted in the Statement, the applicant has been living in great fear and apprehension, afraid to return to and enter the Country.
“In consequence of the various threats issued by the 1st respondent, coupled with the desperation with which the 3rd Respondent has pursued after him, the applicant has been traumatized, emotionally and mentally disturbed, living daily in fear of his personal liberty and safety.”
Based on the above aveerments, Barrister Esezoobo urged the court to grant all the reliefs sought against the respondents.
At the last hearing of the matter, Dr. Aribisala announced his presence, told the court that he was served with the process on Thursday, hence he was yet to consult his lawyer.
But to the shock lawyers and the litigants in court, and rage of lawyers, he told the court that Police have established that the applicant, Barrister Esezoobo, stole his brother’s money.
He was however cautioned by the presiding judge, Justice Ibrahim Kala, who also advised him that even if Police have issued a report he cannot say the stole him money until he has been prosecuted before a Court of law on the basis of the report and pronounced guilty.
Dr. Femi Aribisala thereafter apologized to the Court, upon being cautioned and advised by the presiding judge, Justice Kala.
Meanwhile, the hearing of the matter has been adjourned to January 14, 2025.
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