Court To Rule On Buhari Ex-Aide’s Objection Against Ex-Gov Udom’s N1bn Defamation Suit March 5

The Federal Capital Territory High Court on Monday fixed March 5 to rule on a preliminary objection filed by Mr Ita Solomon Enang against a defamatory suit instituted against him by former Akwa lbom State Governor, Mr. Emmanuel Udom.

The former governor in suit no: CV/2058/19, through his lawful attorney, Mr. Ekerete Udoh, had alleged that Enang, a former aide to former president Muhammadu Buhari on Niger Delta Affairs, allegedly defamed his character.

The former governor’s lawyer, Mr Charles Mekwunye contended before the court 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.”

The governor also urged the court for “an order compelling the defendant to pay the sum of N1,000,000,000.00 (One Billion Naira) to the claimant as pecuniary 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 platforms
including but not limited to Channels television, WAZOBIA FM, UNILAG FM (103.1), Classic FM (97.3).”

But Enang’s lawyer, Mba Ukweni, a Senior Advocate of Nigeria, instituted a preliminary objection, challenging the competence of the suit and the jurisdiction of the court to entertain the suit.

The defendant argued that there are no necessary parties before the court: “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.

The lawyer further contended 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 frontloaded 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.

After hearing the parties, Justice Olukayode Adeniyi adjourned to March 5 for ruling on the preliminary objection.