The Federal Capital Territory Excessive Courtroom has mounted March 5, 2024, to rule on a preliminary objection filed by Senator Ita Solomon Enang towards a defamatory go well with instituted towards him by former Akwa lbom State Governor, Mr. Udom Emmanuel.
Emmanuel, in go well with no: CV/2058/19, by his legal professional had alleged that Enang, a former presidential adviser to former president, Muhammadu Buhari on Nationwide Meeting and Niger Delta Affairs, allegedly defamed his character.
The previous governor’s lawyer, Mr Charles Mekwunye, SAN, contended earlier than the courtroom that Enang instructed the press that his consumer’s administration is the “Worst within the historical past of Nigeria.”
Mekwunye then urged the courtroom to declare “that the defendant’s false, malicious and defamatory statements made towards the Claimant to the general public on Saturday the twenty ninth of December, 2018 on the platform of Lagos Talks FM (91.3) has gravely broken the claimant’s status and good standing within the eyes of most of the people, and has additional prompted persevering with and irreparable injury to claimant’s character, skilled and political picture inside Nigeria and within the worldwide group.”
The previous governor additionally urged the courtroom 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 alleged grave harm and irreparable injury suffered by the Claimant on account of the defendant’s false, malicious and defamatory statements made on Lagos Talks FM (91.3) and in different radio and tv platforms
together with however not restricted to Channels tv, WAZOBIA FM, UNILAG FM (103.1), Basic FM (97.3).”
However Enang’s lawyer, Mba Ukweni, a Senior Advocate of Nigeria, filed a preliminary objection, difficult the competence of the go well with and the jurisdiction of the courtroom to entertain the go well with.
The defendant argued that there are not any obligatory events earlier than the courtroom: “the claimant’s Lawyer on the face of the processes filed, Mr Ekerete Udoh, doesn’t have the authority and capability to provoke, institute, prosecute and keep the moment motion on behalf of the claimant.”
The senior lawyer additional contended that Lagos Speak FM, the media home by which the alleged defamatory publication was made, was not joined within the case as a defendant, which means the mandatory events should not earlier than the courtroom.
“The alleged defamatory assertion ‘Udom’s authorities is the worst fraudulent authorities on this nation’ doesn’t increase a explanation for motion in favour of the claimant for which he ought to keep the current motion in his private capability.
“The doc containing the alleged libelous publication has not been frontloaded with the assertion of declare in compliance with the availability of Order 2(2)(d) of the Excessive Courtroom of Federal Capital Territory, (Civil Process) Guidelines, 2018,” the defendant’s lawyer added.
Ukweni urged the courtroom to strike out the go well with for being incompetent and for need of jurisdiction.
After listening to the events, Justice Olukayode Adeniyi adjourned to March 5, 2024 for ruling on the preliminary objection.