A Lagos State High Court in Ikeja presided over by Justice Oluwatoyin Ipaye has adjourned ruling on the N500m libel suit slammed on the National Publicity Secretary of the Peoples Democratic Party, PDP, Chief Olisa Metuh till December 8, 2015.
The claimant, Alhaji Lai Mohammed who is now the Minister for Information and Culture in the suit filed before the court claimed that he was maligned through a press statement dated September 20, 2015 credited to Metuh.
Justice Ipaye, after listening to arguments from both parties on November 17, had adjourned the ruling till Monday. The ruling could, however, not be delivered as the judge did not sit on Monday.
Mohammed who is seeking a N500m compensation for alleged reputational damage, is also asking the court to order Metuh to retract the contentious press statement and to tender a public apology to him in a national daily to run for seven consecutive days.
Counsel to the Minister of Information, Mr. Wahab Shittu, claimed that the PDP National Publicity Secretary in the said statement portrayed his client as a fraudster, an economic saboteur and a corrupt and dubious character who must not be entrusted with money.
Shittu alleged that Metuh stated that 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 through his lawyer claimed that the statement from Metuh was a calculated attempt to damage his reputation before the public.
Shittu, further argued that his client was entitled to all his claims against Metuh.
Metuh’s lawyer, Chief Emeka Etiaba, SAN, while responding to the suit filed a preliminary objection asking the court to “either strike out Mohammed’s suit for being incompetent or to dismiss it for being unmeritorious.”
Etiaba in his argument before the court said 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 failure to comply with the rule had rendered the suit incompetent and should be struck out.
Metu’s lawyer also observed that Mohammed’s application was not served on his client 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 said.
Comments