AN Abuja High Court has fore-closed a Police Officer, Oluremi Adefemi Adeoye from cross-examining one Mike Ile who slammed an N100 million defamation case against him.
The decision to foreclose the defendant from cross-examining the plaintiff followed the continuous absence of the defendant and his counsel in the court for the matter.
Mike Ile had dragged the Police Officer, currently in Ethiopia on a peace-keeping mission to the court, over alleged publication of defamatory statements against him on the facebook timeline of the Officer.
In the suit filed last year by his counsel, Baba Isa, the plaintiff is claiming the sum of N100 million as general damages for defamation and malicious falsehood published by the defendant on his Facebook timeline on the 18th and 19th October 2017.
The plaintiff is also asking the court to restrain the defendant by himself, his agents or servants from any publication of a defamatory nature against him.
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He also seeks an order of the court, “directing the defendant to retract the defamatory publications and malicious falsehood within 48 hours of delivery of judgment in the case and publication of an apology on his Facebook timeline and other mainstream media channels in a form approved by counsel to the plaintiff”.
The defendant accused the plaintiff of defrauding people under the guise of charity and that he (Mike Ile) had duped two women of the sum of N11 million.
He also accused the plaintiff of collecting N800, 000 from a sick woman on a hospital bed for a documentary for a state governor, which he did not do and that after repeated requests, he (plaintiff) refunded only N200, 000 out of the money.
According to him, the court action will not stop the criminal investigation against the plaintiff and added that he has no vendetta in him, no personal quarrel against the plaintiff but that what he is after is justice for the victims that the plaintiff has ruined.
“I am not doing it for a favour. It is my duty. I have done same throughout my career of 28 years”, the defendant said.
At the resumed hearing of the matter yesterday, the attention of the court was drawn to a letter by counsel to the defendant seeking for an adjournment as he will not be in court, on the ground of ill-health.
Worried by the two-time absence of the defendant’s counsel for the proceedings in the matter to go on, the trial Judge, Justice Jude Okeke, in a short ruling, agreed with the submissions of the plaintiff’s counsel that the defendant be fore-closed from cross-examining the plaintiff.
In the words of the Judge, “I have listened to the submissions of counsel to the plaintiff, records of the court showed that, on 10th May 2018 the matter was adjourned to 18th June 2018 for cross-examination of PW1, 18th June turned out to be public holiday and the case was adjourned, off record till today for the same purpose.
“The attention of the court has been drawn to a letter dated 25th September 2018, sent to the defendant’s solicitors on the same date by the claimant’s solicitors reminding them to attend court today.
“The letter was assumed on the face of it received by the defendant’s solicitor and today, neither the defendant nor the defendant’s solicitors are present in court, while the claimant himself was present.
“The defendant has sent to the court a letter dated 2nd October 2018 seeking for an adjournment for the reason that Mr Uko Akpanuke, a counsel is involved in a matter outside the jurisdiction of this court and Mr Nichola Udeh, the counsel who authored the letter is indisposed healthwise.
“It was not slated in the letter for the benefit and guidance of the court, the name and particulars of the matter that Mr Akpanuke has gone to handle outside jurisdiction.
“Besides, Mr Udeh, who authored the letter stated that he is indisposed healthwise. For this reasons, particularly the letter of reminder sent to the defendant’s solicitors against today’s sitting, the court holds that the defendant has not made out a case to warrant an adjournment.
“The application is therefore refused, the defendant, having been availed of opportunities on March 21, 2018, May 10 and today to cross-examine PW1, who is available in court and ready for that, but the opportunities were not used, the application to foreclose the defendant from cross-examining PW1 is hereby granted, the defendant ‘s right to cross-examine PW1 is hereby fore-closed”, Justice Okeke held.
Further hearing in the matter was slated for November 5, 2018.
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