Buhari’s ex-aide raises objection to ex-gov Udom’s defamation suit

An ex-aide to former President Muhammadu Buhari on Niger Delta Affairs, Senator Ita Enang, has approached the High Court of the Federal Capital Territory to raise a preliminary objection in the defamatory suit brought before the court against him by a former Akwa Ibom State governor, Mr Emmanuel Udom.

Former governor Udom had in the suit, marked CV/2058/19, through his lawful attorney, Ekerete Udoh, alleged that Enang allegedly defamed his character by telling the press that his (Udom’s) administration was the worst in the history of Nigeria.

The former governor urged the court to declare that Enang’s false, malicious and defamatory statements made against him (Udom) to the public on Saturday, December 29, 2018, on the platform of Lagos Talks FM (91.3) has gravely damaged his reputation and good standing in the eyes of the general public.

The claim, according to the former governor, had further caused continuing and irreparable damage to his personality, professional and political image within Nigeria and in the international community.

Udom, therefore, sought an order of the court compelling the defendant to pay the sum of N1 billion to him as pecuniary compensation for the grave injury and irreparable damage he suffered as a result of Enang’s false, malicious and defamatory statements made on Lagos Talks FM (91.3) and in other radio and television platforms.

Raising a preliminary objection to the suit, through his counsel, Mba Ukweni SAN, Enang challenged the competence of the suit and the jurisdiction of the court to entertain it.

He argued that there are no necessary parties before the court, claiming that, “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.”

He further contended that Lagos Talk FM, the media house through which the alleged defamatory publication was made, was not joined in the suit as a defendant, which meant that there is no reasonable cause of action against him.

According to the former presidential aide, “The alleged defamatory statement ‘Udom’s government is the worst
fraudulent government in this country does not raise a cause of action in favour of the claimant for which he should maintain the present action in his personal capacity.”

He added that the document containing the alleged defamatory publication has not been frontloaded with the statement of claim in compliance with the provision of Order 2(2)(d) of the High Court of Federal Capital Territory, (Civil Procedure) Rules, 2018.

Counsel for Enang, therefore, urged the court to strike out the suit for being incompetent and for want of jurisdiction.

Meanwhile, Justice Olukayode Adeniyi, sitting at Maitama, Abuja, before whom the case is filed has adjourned to March 5 for a ruling on Enang’s preliminary objection.

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