The High Court of the Federal Capital Territory (FCT) is set to rule on March 5 regarding the objection raised by Ita Enang, a former aide to ex-President Muhammadu Buhari, challenging the competence of a N1 billion defamation suit filed against him by the former governor of Akwa Ibom State, Emmanuel Udom.
In the suit marked: CV/2058/2019, Udom claims that Enang, the former aide on Niger Delta Affairs, defamed his character.
During Monday’s hearing, Enang’s lawyer, Mba Ukweni (SAN), argued that the objection challenges the competence of the suit and questions the jurisdiction of the court to hear it. Ukweni contended that there are no necessary parties before the court, stating that the claimant’s attorney, Mr. Ekerete Udoh, lacks the authority and capacity to initiate, institute, prosecute, and maintain the action on behalf of the claimant.
Ukweni further argued that Lagos Talk FM, the media house responsible for the alleged defamatory publication, was not joined as a defendant, resulting in no reasonable cause of action against his client.
He emphasized, “The alleged defamatory statement ‘Udom’s government is the worst fraudulent government in this country’ does not raise a cause of action in favor of the claimant for which he should maintain the present action in his personal capacity.”
Ukweni urged the court to strike out the suit for being incompetent and for lack of jurisdiction.
Charles Mekwunye, the lawyer representing the ex-governor, argued that Enang publicly stated that his client’s administration is the worst in the history of Nigeria. Mekwunye urged the court to declare that the defendant’s statements have damaged the claimant’s reputation and to compel Enang to pay N1 billion in compensatory damages.
The court, presided over by Justice Olukayode Adeniyi, adjourned the case until March 5 for a ruling after the conclusion of arguments by the lawyers.
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