Posted by Senator Ita Solomon Enang has requested a hearing on March 5, 2024, from the Federal Capital Territory High Court to consider a preliminary objection he filed in response to a defamation claim brought against him by Mr. Udom Emmanuel, the former governor of Akwa lbom State.
Defamation of character was asserted by Emmanuel in suit no: CV/2058/19, through his counsel, against Enang, a former presidential adviser to Muhammadu Buhari on Niger Delta Affairs and the National Assembly.
In court, Mr. Charles Mekwunye, SAN, who represented the former governor, argued that Enang had informed the media that his client’s administration was the “Worst in the history of Nigeria.”
On the following page, Mekwunye begged the court to rule 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. It has further caused continuing and irreparable damage to the claimant’s personality, professional and political image within Nigeria and in the international community.”
The former governor further requested the court to issue a ruling requiring the defendant to pay N1,000,000,000.00 (One Billion Naira) to the claimant as financial compensation for the alleged severe harm and permanent damage caused by the defendant’s false, malicious, and defamatory remarks broadcasted on various media platforms, such as Channels television, WAZOBIA FM, UNILAG FM (103.1), and Classic FM (97.3).
Mba Ukweni, a Senior Advocate of Nigeria and Enang’s counsel, raised preliminary objections, casting doubt on the suit’s competency and the court’s authority to hear the case.
“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 defendant stated, implying that no necessary parties are before the court.
Additionally, the senior lawyer said that the media house, Lagos Talk FM, which is accused of publishing the defamatory article, was not named as a defendant in the case, which means that the court is missing key parties.
The claimant should not be maintaining this action in his personal capacity since the alleged defamatory remark ‘Udom’s government is the worst fraudulent government in our country’ does not give rise to a cause of action in his favor.
In addition, the defendant’s attorney stated that the statement of claim was not frontloaded with the document containing the alleged libelous publication in accordance with the requirements of Order 2(2)(d) of the High Court of Federal Capital Territory, (Civil Procedure) Rules, 2018.
Because the plaintiff was incompetent and the court lacked jurisdiction, Ukweni asked the court to dismiss the case.
Following the parties’ presentations, Justice Olukayode Adeniyi postponed a decision on the preliminary objection until March 5, 2024.