AHigh Court of the Federal Capital Territory (FCT) has scheduled ruling for March 5 on the objection raised by former aide to ex-President Muhammadu Buhari, Ita Enang challenging the competence of a N1billion suit by a former governor of Akwa lbom State, Emmanuel Udom.
The former governor, in suit marked: CV/2058/2019 claimed that Enang, a former aide to Buhari on Niger Delta Affairs, defamed his character.
While arguing the objection on Monday, Enang’s lawyer, Mba Ukweni (SAN) said his client’s objection was challenging the competence of the suit and the jurisdiction of the court to hear it.
Ukweni argued that there are no necessary parties before the court, adding that “the claimant’s Attorney on the face of the processes filed, Mr Ekerete Udoh, does not have the authority and capacity to initiate, institute, prosecute and maintain the instant action on behalf of the claimant.”
He also argued that Lagos Talk FM, the media house through which the alleged defamatory publication was made, was not joined in the case as a defendant, meaning there is no reasonable cause of action against his client.
“The alleged defamatory statement ‘Udom’s government is the worst
fraudulent government in this country’ does not raise a cause of action
in favour of the claimant for which he should maintain the present action in his personal capacity.
“The document containing the alleged libelous publication has not been front-loaded with the statement of claim in compliance with the provision of Order 2(2)(d) of the High Court of Federal Capital Territory, (Civil Procedure) Rules, 2018,” the defendant’s lawyer added.
Ukweni urged the court to strike out the suit for being incompetent and for want of jurisdiction.
Lawyer to the ex-Governor, Charles Mekwunye argued that Enang told the press that his client’s administration is the worst in the history of Nigeria.
Mekwunye then urged the court to declare “that the defendant’s false, malicious and defamatory statements made against the Claimant to the public on Saturday the 29th of December, 2018 on the platform of Lagos Talks FM (91.3) has gravely damaged the Claimant’s reputation and good standing in the eyes of the general public, and has
further caused continuing and irreparable damage claimant’s personality, professional and political image within to the Nigeria and in the international community.”
He also prayed the court for “an order compelling the defendant to pay the sum of N1,000,000,000.00 (One Billion Naira) to the claimant aspecuniary compensation for the grave injury and irreparable damage suffered by the Claimant as a result of the defendant’s false, malicious and defamatory statements made on Lagos Talks FM (91.3) and in other radio and television plattorms including but not limited to Channels television, WAZOBIA FM, UNILAG FM (103.1), Classic FM (97.3).”
At the conclusion of the arguments by the lawyers, Justice Olukayode Adeniyi adjourned till March 5 for ruling.
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