A Benin High Court on Monday dismissed an application filed by the Edo State Chairman of the All Progressives Congress (APC), Col. David Imuse (rtd), seeking to strike out a N5 billion libel suit instituted against him by the Akwa-Ibom State Resident Electoral Commissioner, Mr Mike Igini.
Imuse’s Counsel, Austin Osarenkhoe, had argued that the Igini, in filing the Originating Processes, failed to comply with Order 3 rule 3 of the Edo State High Court Procedure Rules.
But in her ruling, the trial judge, Justice Vesty Eboreimen, said having considered the issue raised and the authorities cited, the issue in contention could be addressed during the hearing of the suit.
She noted that the applicant’s motion was a deliberate attempt to delay the hearing of the suit and that in bringing the application, the applicant also failed to comply with Order 22 of the Edo State High Court Procedure Rules, adding “it is a case of the pot calling kettle black.”
The judge, therefore, ordered the claimant to regularise his claims and the applicant to file his defence within seven days and adjourned the case to March 30, 2022, for hearing.
Joined in the suit are African Newspapers of Nigeria (ANN) Plc, publishers of the Tribune titles of newspapers and The Sun Publishing Limited, publishers of the Sun titles of newspapers.
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