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The Nigerian brothers who say Jussie Smollett paid them to beat him up have sued the Empire star's lawyers for defamation and revealed startling allegations they say were made against them including that Smollett might have had a sexual relationship with one.

Abel and Ola Osundairo have filed a lawsuit against Smollett's attorneys Mark Geragos and Tina Glandian who they say maliciously painted them as liars in the public after Smollett's high profile criminal case was dropped. 

Among the suggestions the lawyers made was that the brothers, who Smollett knew because he had enlisted them for personal training, might have been wearing white face when they attacked him on January 29. 

On April 6, Glandian also claimed in a podcast that they trafficked Nigerian steroids and that Abel, the younger brother, spent the night at Smollett's apartment. 

She offered the theory that Ola, the older brother, wanted to 'test' Abel before they went to Nigeria by attacking Smollett who is openly gay.  

They say all of the claims are not only false but defamatory and unnecessary because the case had already been dropped.   

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Abel and Ola Osundairo have filed a lawsuit against Smollett's attorneys Mark Geragos and Tina Glandian

Smollett walked away from the court last month a free man after a shock decision by Chicago prosecutors to drop all of the charges. 

Instead of retreating, his legal team have doubled down on their case and publicly painted him as the victim of a witch-hunt, all the while maligning the brothers by accusing them of lying.  

Since then, the brothers have been silent but at a press conference announcing their lawsuit on Tuesday, they said they would not sit back any longer and watch 'lie after lie' be told about them. 

The lawsuit was filed on Tuesday as Lee Daniels, the creator of Empire, confirmed that the show was 'in conversation' about whether or not Smollett should be brought back for a sixth season. 

The series has not yet been green-lit by Fox but it is expected to be renewed. 

Daniels, when asked if Smollett would return, told TMZ: 'That's a conversation that we're having right now.' 

When asked what he thought about the case, he said: 'I feel that there are two judges - God and that man in a robe so I can't judge.' 

He said that whether or not Smollett returned, the new series would be 'bombastic'.  

In their lawsuit, they say Smollett 'directed every aspect of the attack, including the location and the noose'. 

'Mr. Smollett used his clout as a wealthy actor to influence Plaintiffs, who were in a subordinate relationship to him and were aspiring to "make it" in Hollywood. 

'Mr. Smollett’s motivation was simple. 

'He wanted his employer and the public to notice and appreciate him as a successful black, openly gay actor,' the lawsuit reads. 

While they admit that they went along with the hoax, they said they thought the only intended victim would be Empire and Fox.  

'As far as their participation in this publicity stunt, they've realized it was wrong and they have apologized for it and they have expressed more than once that they are tremendously regretful for the role that they played in it but make no mistake, they had no role in calling the police and they had no role in defrauding the police department,' Schmidt said.  

She added: 'They were asked to do something by a friend who they trusted and at the end of the day, that friend betrayed their trust.' 

They say that it was unfair for Smollett's attorneys to carry on maligning them publicly after the case had been dropped because it served no legal function and was purely to ensure his name stayed in the spotlight.  

'Mr. Smollett's attorneys, faced with an outraged public, did not retreat after their success. 

The brothers are suing Smollett's attorney Mark Geragos (pictured) and one of his colleagues

'Instead, they doubled down, not simply affirming that Mr. Smollett was a wholly innocent victim but that [the brothers] unequivocally led a criminally homophobic, racist and violent attack against Mr. Smollett.

'They made these comments knowing they were untrue to distract from Mr. Smollet's farce and to promote themselves and the Geragos & Geragos law firm,' it says. 

On April 6, Glandian went on the Reasonable Doubt podcast where she claimed the pair were involved in 'illegal Nigerian steroid trafficking'.

She said it was'ridiculous' for them to claim that they did not use the drugs even though they insist they do not.

She also claimed that Abel and Jussie spent the night at his apartment 10 days before the attack and suggested her 'theory' that Ola, the older brother, disliked it and wanted to 'test' his younger brother by orchestrating the homophobic attack. 

'He and Abel had been hanging out a lot and they were friends and about 10 days before the incident, Abel actually spent the night at Jussie's place and my theory at least is that the older brother who lived with Abel saw that his younger brother didn't come home, started wondering what this relationship is and keep in mind, Abel is also the stand-in for Jussie's love interest.

'It's one thing he's playing this character now he's hanging out with this openly gay man then he spends the night there,' she said.  

'I have a very specific theory. I think it was kind of the older brother testing the younger brother. They're leaving for Nigeria, I think he wants to make sure he understands this relationship and it's not what he fears it might be,' she added.  

She never explicitly stated whether or not the pair engaged in a sex act but the lawsuit says she 'inferred' it.  

The brothers said Abel - who is also referred to as Bola - is straight and was dating a woman. They say he has never engaged in a romantic relationship with Smollett in any way. 

They say that by 'inferring' that they did,  she defamed him in Nigeria - where same sex activity is illegal - and put him and his family in danger.  

Among their claims is that Glandian lied about them on Good Morning America by saying they could have been wearing white face which they say is 'patently false and defamatory'. 

Tina Glandian is the other lawyer they are suing. The brothers say the pair of attorneys continued to malign them despite the charges being dropped against Smollett by publicly calling them liars 

'Ms Glandian implicitly proferred that they are guilty of perjuring themselves during the grand jury proceedings. They 'did not serve any legal function and was not a requirement of her job as a defense attorney.   

'Instead, these statements were unnecessarily made on national media to advance Mr. Smollett's and Ms. Glandian's reputation and high fame at high cost to [the brothers],' it said. 

Their attorney, Gloria Schmidt, previously said that they felt 'betrayed' when Smollett claimed publicly not to have known his attackers who he said hurled racist and homophobic insults at him. 

The brothers's lawyer Gloria Schmidt announced the lawsuit on Tuesday (pictured) 

Smollett's team never offered an explanation as to why the brothers would have lied. 

Their lawyer said throughout that they had been 'blindsided' by him and were 'baffled' by the State's Attorney's decision to drop the charges. 

The pair were due to testify against Smollett when Kim Foxx suddenly dropped the charges last month in exchange for Smollett paying $10,000 and completing community service.  

They say that as a result of her comments, they feel alienated and 'unsafe' in their local Chicago community.

'They can't go down to the corner store without paparazzi chasing after them. There are still reporters that are knocking on their door, wanting their story. 

'The phone calls they're getting, they are inundated with requests for interviews. 

'Social media is blowing them up with positive requests, negative requests... that's all to them very alienating,' Schmidt said. 

'Ms Glandian, a very famous attorney, falsely and publicly stated Plaintiffs have commited a gruesome hate crime, lied under oath, and intentionally mislead the Chicago Police Department. 

At a press conference on Tuesday, the brothers' attorney Gloria Schmidt slammed Glandian and Geragos for 'deepening the damage' Smollett caused. 

'"I will never be the man that this does not happen to. I will be forever changed,' she said, quoting Smollett's Good Morning America appearance before he was arrested. 

Theories: Glandian suggested he told police his Nigerian attackers were white was because they 'might have been wearing white face' and had disguised themselves during an appearance on Good Morning America the day after the charges were dropped (left).  Her evidence of the theory is 2016 video of Abel Osundairo (right) dressed up as the Joker 

'Do you remember who said those words? Everyone directly involved in this matter, the Chicago PD, the city of Chicago ad especially my clients Ola and Abel Osundairo, now they can say that same statement.

'My city, my police department and my clients all deserve to have their reputations restored.

'Attorneys Mark Geragos and Tina Glandian, through their continued false statements and hateful rhetoric, have only deepened the damage that was caused by the first out of 16 lies that were told to the police that started this whole situation.

'That is why today we are taking action in federal court we want to end these malicious attacks and ensure that those responsible for continuing to destroy the reputation of the CPD, the city of Chicago and that of Ola and Bola Osundairo are held accountable.

'Let me make one thing perfectly clear. The Chicagoan brothers told the truth. 

'They could have stayed silent but instead they told the truth. To the police an d with their right hand in the air, they told the truth to the grand jury. 

'We're going to make sure that the lies and malice attacking our city, our police department and my two clients are met with truth and healing,' she said.  

'Scorched earth lawyering will not play out,' James Tunick, another attorney who is representing the pair, said. 

They added that the pair, who run a fitness and nutrition business, have not been able to get jobs because of the scandal. 

'They're having trouble trying to make end's meet,' Gregory Kulis, their third attorney, said. 

The lawyers hit back at Smollett for insisting he was innocent, saying: 'Mr. Smollett's statements are not evidence. We have evidence. Actual evidence. There's a big difference between self serving statements and evidence.' 

Glandian and Geragos hit back at the lawsuit, calling it 'comical'.  

'At first we thought this comical legal document was a parody. Instead this so-called lawsuit by the brothers is more of their lawyer driven nonsense, and a desperate attempt for them to stay relevant and further profit from an attack they admit they perpetrated.

'While we know this ridiculous lawsuit will soon be dismissed because it lacks any legal footing, we look forward to exposing the fraud the Osundairo brothers and their attorneys have committed on the public,' they told DailyMail.com in a statement.