Court Dismisses Peterside’s Application To Stop Odili’s N6b Defamation Suit

[caption id="attachment_15858" align="alignnone" width="680"]Dr. Dakuku Adol Peterside, NIMASA DG[/caption]

A State High Court sitting in Port Harcourt has dismissed an application filed by the Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Dr. Dakuku Adol Peterside, seeking to halt a libel suit brought against him by former Rivers State Governor, Dr. Peter Odili.

Recall that Odili, filed a N6 billion suit, alleging defamation of his character by Peterside, when he (Peterside) held a press conference after Governor Ezebunwo Nyesom Wike’s Supreme Court victory.

Peterside, who was the governorship candidate of the All Progressives Congress (APC) in the 2015 general elections in the state, at the press conference, alleged that Wike, during his victory thanksgiving service, stated that Odili helped him to secure the Supreme Court victory.

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The presiding judge and Chief Judge of Rivers State, Hon. Justice Adama Iyayi-Laminkara, in her ruling, said the claim by the defendant that he was served notice of the suit through a wrong address did not hold water as there was no difference between the address of the defendant and the address where the notice was served.

The judge ruled that the Court has jurisdiction to hear the suit and awarded a cost of N40,000 against the defendant.

She however adjourned further hearing on the suit till February 23, 2017, shortly after the cross examination of the claimant, Odili, by lead-counsel to Peterside, Rowland Otaru (SAN).

Speaking to newsmen later, Otaru said they will take other desirable steps to ensure that the Court sets aside its October 11, 2016, ruling where it ordered a substituted service to them.

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“Our challenge of the Court processes was struck out but that does not matter. The Court has its discretion, either to grant or dismiss. That is what the law says. So, but we will take other steps if desirable. I cannot say that we are going on appeal now, you can see that I continued with cross-examination of the witness.

“We are affected by the decision of the Court. Once a decision is taken, one of the parties must be affected. We were asking that the Court should set aside the proceedings of October 11, 2016. There is no problem about that. The judge has the discretion to grant or not to refuse,” Otaru said.

Also speaking, lead-counsel to Odili, Kanu Agabi (SAN), expressed the hope that with the dismissal of the application, the suit will proceed in earnest.

Agabi said, “In essence, they challenged the jurisdiction of the Court but the judge ruled that the processes were duly served and the case should proceed and we have processed with the cross a examination.”

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