A Lagos State High Court in Ikeja has fixed November 23, 2015 for ruling in a N500m libel suit filed against the National Publicity Secretary of the Peoples Democratic Party, Chief Olisa Metuh, by his then counterpart in the All Progressives Congress, Alhaji Lai Mohammed.
Justice Oluwatoyin Ipaye fixed the date following arguments by counsel for both the claimant and the defendant, Mr. Wahab Shittu and Chief Emeka Etiaba (SAN) respectively.
Mohammed, who is now the Minister for Information, claimed to have been defamed by a press release said to be authored and circulated by Metuh on September 20, 2015.
He claimed that Metuh, in the said press release, portrayed him as a fraudster, an economic saboteur and a corrupt and dubious character who must not be entrusted with money.
In his argument, Mohammed’s lawyer, Shittu, insisted that Mohammed had successfully established that Metuh violated his legal right.
Shittu said Mohammed had a right to his claims of N500m damages and a published apology in a national newspaper to run for seven consecutive days from Metuh.
But Metuh’s lawyer, Etiaba, urged the court to “either strike out Mohammed’s suit for being incompetent or to dismiss it for being unmeritorious.”
Etiaba argued that Mohammed failed to comply with Order 3 Rule 9 of the High Court of Lagos State (Civil Procedure) Rule 2012 and Section 97 of the Sheriff and Civil Processes Act Cap S6, LFN, 2004 and that that failure had rendered the suit incompetent and liable to be struck out.
Among other alleged errors, Etiaba claimed that Mohammed’s application was not served on the defendant within five days and that the affidavit in support of the application was not duly signed.
“The application is not specific as to the libelous materials sought to be restrained,” Etiaba added.
In his suit, Mohammed alleged that Metuh categorically said he (Mohammed) embezzled the funds meant for the fencing of an airport in one of the APC-controlled states in the South-West and also diverted funds meant for the purchase of ambulances in an APC-controlled state.
Mohammed also claimed that Metuh said he was shocked that Mohammed had the courage to speak on corruption when indeed he (Mohammed) had mastered the art of corruption, having been “a personal aide to one of the most corrupt politicians to ever bestride the political space of the country.”
Mohammed, who said he was a one-time coordinator of the Bola Ahmed Tinubu Campaign Organisation, claimed that the statement credited to Metuh was carefully calculated to inflict damage on his reputation and to lessen him in the estimation of the public.
He claimed that Metuh had injured his character in a grave manner and caused him considerable reputational destruction and embarrassment.
He urged the court to award cost for damages in his favour against Metuh in the sum of N500m.
He urged the court to order Metuh to tender a published apology to him in a nationwide newspaper for seven consecutive days.
Justice Oluwatoyin Ipaye fixed the date following arguments by counsel for both the claimant and the defendant, Mr. Wahab Shittu and Chief Emeka Etiaba (SAN) respectively.
Mohammed, who is now the Minister for Information, claimed to have been defamed by a press release said to be authored and circulated by Metuh on September 20, 2015.
He claimed that Metuh, in the said press release, portrayed him as a fraudster, an economic saboteur and a corrupt and dubious character who must not be entrusted with money.
In his argument, Mohammed’s lawyer, Shittu, insisted that Mohammed had successfully established that Metuh violated his legal right.
Shittu said Mohammed had a right to his claims of N500m damages and a published apology in a national newspaper to run for seven consecutive days from Metuh.
But Metuh’s lawyer, Etiaba, urged the court to “either strike out Mohammed’s suit for being incompetent or to dismiss it for being unmeritorious.”
Etiaba argued that Mohammed failed to comply with Order 3 Rule 9 of the High Court of Lagos State (Civil Procedure) Rule 2012 and Section 97 of the Sheriff and Civil Processes Act Cap S6, LFN, 2004 and that that failure had rendered the suit incompetent and liable to be struck out.
Among other alleged errors, Etiaba claimed that Mohammed’s application was not served on the defendant within five days and that the affidavit in support of the application was not duly signed.
“The application is not specific as to the libelous materials sought to be restrained,” Etiaba added.
In his suit, Mohammed alleged that Metuh categorically said he (Mohammed) embezzled the funds meant for the fencing of an airport in one of the APC-controlled states in the South-West and also diverted funds meant for the purchase of ambulances in an APC-controlled state.
Mohammed also claimed that Metuh said he was shocked that Mohammed had the courage to speak on corruption when indeed he (Mohammed) had mastered the art of corruption, having been “a personal aide to one of the most corrupt politicians to ever bestride the political space of the country.”
Mohammed, who said he was a one-time coordinator of the Bola Ahmed Tinubu Campaign Organisation, claimed that the statement credited to Metuh was carefully calculated to inflict damage on his reputation and to lessen him in the estimation of the public.
He claimed that Metuh had injured his character in a grave manner and caused him considerable reputational destruction and embarrassment.
He urged the court to award cost for damages in his favour against Metuh in the sum of N500m.
He urged the court to order Metuh to tender a published apology to him in a nationwide newspaper for seven consecutive days.
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