[Community-Discuss] Allegation of Harassment

Tue Mar 20 19:44:02 UTC 2018

Mr Folayan,

Sorry to say this - but I am appalled by your behaviour in this regard.

Once again - let me be extremely clear - I do not speak to the harassment allegations - those - need to be investigated fully by whomever the GC appoints and the report made available - and the evidence will speak for itself.

I do however speak to the allegations of NDA violation - again - you used the NDA violations to oust two members of the board - yet now you yourself are refusing to take the same course of action and step down when there are both proven - and admitted - violations of the NDA.  There is zero honour in this course of behaviour.

Rest assured - you may believe - as you intimated to me earlier - that there is no foundation for the harassment allegations - this will be proven by the investigation - however - you are living in a fool's paradise if you believe that vindication from the harassment charges through the investigation is going to somehow absolve you of the separate and equally damning NDA violations you yourself have already admitted to - they are separate issues - both of which have consequences - one of which that has consequences that you yourself helped create - yet now - you choose not to be bound by - there is a word for that - it is called hypocrisy.

I point to board resolution 201803.391 - the GC has been requested for formulate the TOR's and report back to the board by the 30th of April 2018.  That does not mean to say that the investigation will conclude by then, and I honestly believe that this date has been pushed that far out in order to ensure the investigation concludes post the May meeting.  However, this creates a SERIOUS problem.  See - if you resign right now - the board can institute an SGM at the next AIS meeting and an election can be held - failure to do that and only to resign POST that meeting - means that the board will be in a position to appoint anyone they wish - and for at MINIMUM this community will be dealing with a non-elected board member until the next meeting - that - is hardly bottom up or democratic.

I also point to the fact that you have intimated that you have unfinished business - and numerous times have intimated that you choose to stay because of the need to prevent certain occurrences and to protect certain people with your presence.  At this point - I choose not to expand on that - however - if needs be I am quite prepared to do so.  So let me now address this - you have lost the rights to act as protector of AfriNIC when you chose to violate the rules - you cannot protect the organisation from harm while you yourself tear up the rule book and act with such blatant disregard for the resolutions passed by and published by the very board you were chair of.

Furthermore - Sunday to be blunt - these delays and the tactics to wait for investigations etc - quite frankly - again - on the harassment - I agree - on proven and admitted allegations however - I have a problem.  See, I have seen this board promise investigations before - and I can raise multiple instances - where delays have then been used in the hope things will be forgotten - look at the competitions investigation for example - which we were promised would be invested more than 6 months ago - but have we heard a single word back since then?  Considering the act under question is less than 15 pages long - the time delays are now nothing more than an attempt to hope that this community has a short memory - it doesn't - and this won't work - not this time.

Please remember - everything said online - every email typed - every whatsapp message - every facebook post - once online echoes into eternity - all it takes is for someone willing to go and find it - and there are plenty members of this community who are quite willing to do that work in the face of this charade.

Again - you violated the NDA - you admitted to violating the NDA - the evidence is on display for the world to see that you violated the NDA - how about living up to the obligations you yourself helped create? Are you really going to push this further dragging AfriNIC's name through the mud in the hope you can dodge one charge by being vindicated of another?  Do you really believe that is the in the best interests of this organisation?  Or are you merely choosing to pander to your own reputation?  If it is the latter - you are doing it no favours

Andrew

From: Sunday Folayan [mailto:sfolayan at gmail.com]
Sent: 20 March 2018 18:50
To: Marcus K. G. Adomey <madomey at hotmail.com>; General Discussions of AFRINIC <community-discuss at afrinic.net>; members-discuss at afrinic.net; Andrew Alston <Andrew.Alston at liquidtelecom.com>
Subject: Re: [Community-Discuss] Allegation of Harassment

Dear Marcus Adomey and All,

These are the scenarios that make it very difficult for leaders to operate effectively, due to vested interests.

AfriNIC does not belong to any individual of fiefdom. Indeed it requires much more than the current herd mentality to make a success of it.

Since you and a number of people fail to heed the warning that what you have is an allegation, Since a number of people cannot read between the lines, Since silence is no longer golden but seen as cowadice, I remind you again that this remains an allegation and I shall respond appropriately to the GC whenever they request of it.

Sunday.

On 20/03/2018 11:58, Marcus K. G. Adomey wrote:
Dear Reverend Sunday Folayan,

The allegations against you are serious, from any angle no matter how tolerant one would like to be.
You violated the NDA and abused your fiduciary responsibilities. This two infringements makes you ineligible to continue to serve as a board member.
Besides this, in order that for the investigations into the allegations of sexual harassment etc to be truly independent,  common sense and ethics require you to stand back from the board while it is ongoing not just step aside as chair.
Please show us that you are a leader and man of the cloth.  Many of us also expect appropriate and proportionate administrative measures to be considered for the other management staff involved in this.

Marcus
________________________________
From: Andrew Alston <Andrew.Alston at liquidtelecom.com><mailto:Andrew.Alston at liquidtelecom.com>
Sent: Friday, March 16, 2018 4:01:17 PM
To: Sunday Folayan; General Discussions of AFRINIC; members-discuss at afrinic.net<mailto:members-discuss at afrinic.net>
Subject: Re: [Community-Discuss] Allegation of Harassment

Dear Former Chair,

I am saddened by what I read here, and actually more than a little disturbed.

Firstly - let me state categorically that I agree with waiting for the investigation to conclude on the harassment allegations, and you and I find alignment on that issue.  However, there is another issue where we strongly diverge, and despite the conversations we have had on the matter in the last few days - the details of which will remain private - you have chosen to ignore what has been stated so clearly.

I draw attention to this part of your email:
I do acknowledge  that I shared a chat (with the best intentions) which should have been treated with more caution, no matter how good the intention was.
Sunday - What you did was a blatant violation of the NDA agreement you signed as a board member - and yes I realize fully that you can argue what was shared in the document that was attached to the allegation was a chat between you and two other people and did not stem directly out of a board meeting.  However, you were involved in a discussion around AfriNIC business that clearly and without equivocation related to your work as chair and related to information gained and dealt with in your position as a board member.  You then chose to share that information with a third party.

In 2014 - the former board passed the following resolution:

Resolution 201411.211: The Board RESOLVED ; Information discussed within the Board should not be disclosed to third parties without Board approval. Violation may lead to expulsion from the Board as provided by the Bylaws. However, information disclosed by the Board to third parties not under NDA to the Board is no longer confidential and is deemed to be in the public domain.

Please note - that does not say formal board meeting - it says within the board - and considering the information under discussion in what was shared - it is without dispute that that was board sensitive privileged information and that discussion can be very much considered information discussed within the board - even if it is a subset of the board.

A few months after this resolution was passed - two members of the board, Mr Badru Ntege and Mr Paulos Nyirende chose to violate the NDA - and then chose to do the honourable thing and resign over the breach of NDA rather than face disciplinary action.  I am shocked considering your role in in the authorship of that resolution and your full awareness of the subsequent happenings that lead to two members of the board resigning - that you now hold yourself to a different standard.

I strongly believe that you have done a very good job as chair - and I wish on everything that is in me that I did not have to find myself writing this email - but the reality is - rules have to be consistent - the application of rules has to be consistent - what applies to one must apply to all - anything else makes all rules meaningless - and what you are doing now I find to the height of hypocrisy and far beneath the man I know you to be.

Please - do what is right - and I strongly believe you know what that is.

Andrew

From: Sunday Folayan [mailto:sfolayan at gmail.com]
Sent: 16 March 2018 17:38
To: General Discussions of AFRINIC <community-discuss at afrinic.net><mailto:community-discuss at afrinic.net>; members-discuss at afrinic.net<mailto:members-discuss at afrinic.net>
Subject: [Community-Discuss] Allegation of Harassment

Dear members and the Community,

Over the last few days, some allegations have been made that are serious
and by very nature threaten to further divide this community and
represent a threat to the AfriNIC organization.

I believe the unity of the community is as important as the sanctity of
the Board, and it is my responsibility to ensure none is compromised
further.

While I categorically deny any claims of any harassment levied at me,
and believe these allegations are entirely spurious, I do acknowledge
that I shared a chat (with the best intentions) which should have been
treated with more caution, no matter how good the intention was.

It is my responsibility to step down as Chair, pending the conclusion of
the investigations on the harassment claims.

May I most respectfully request that we await the independent
investigation that the Board has initiated, and be patient, so that the
community can come out of this strongest. I remain committed as a member
of the community.

I have prior to now, communicated my decision to my colleagues on the Board.

I look forward to being allowed to defend myself, and justice being
served for all, on the matter.

With Kind Regards ....

Sunday Folayan.

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--

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Sunday Adekunle Folayan

Managing Director

General data Engineering Services (SKANNET)

16 Oshin Road, Kongi Bodija, Ibadan - Nigeria

Phone: +234 802 291 2202, +234 816 866 7523

Email: sfolayan at skannet.com.ng<mailto:sfolayan at skannet.com.ng>, sfolayan at gmail.com<mailto:sfolayan at gmail.com>

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