By Kunle Olasanmi
Abuja (Precise Post) – A High Court of the Federal Capital Territory (FCT) has dismissed a motion brought by former vice president and presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, asking the court to refrain from entertaining a N40million libel suit filed against him by President Muhammadu Buhari and his family.
In the suit filed on January 22, 2019, by the 2nd plaintiff, Mallam Gidado Ibrahim, the plaintiffs prayed the court to order Atiku to pay N40million for alleged libelous claims published on December 27, 2018 to the effect that President Buhari and members of his family own substantial shares in telecoms giant, 9mobile and Keystone Bank, respectively.
But, the court headed by Justice Binta Mohammed, yesterday, threw out Atiku’s motion to stop the libel suit on the ground that it would be against the principle of fairing hearing.
Specifically, Justice Mohammed ruled that it offends the provision of section 36 subsection 1 of the 1999 Constitution (as amended), which borders on the principles of fair hearing, if the suit was not heard.
Not satisfied, the judge granted the application by counsel to the plaintiffs, Abdulrasak Idowu Ahmed, seeking leave of the court to file the amended writ of summons, statement of claim and witness deposition
Accordingly, the judge adjourned the case to June 9, 2020, for hearing on the substantive suit.
Lead counsel to the defendants, Chukwuma-Chukwu Ume (SAN), had filed a motion on February 21 asking the court to dismiss Buhari’s statement of defence, statement of claim and witness deposition on ground that the plaintiffs did not get the leave of court to file same they were amended.
The plaintiffs, however, argued that they had earlier sought the leave of court to allow them file their processes out of time and paid all the fines (penalties) for so doing.
The plaintiffs insisted yesterday that the defendants’ motion cannot be heard because they were within time but the court refused, saying Atiku’s should move his motion.
In the suit, the plaintiffs sought N40million damages from Atiku for alleged libel against President Buhari and his family.
In their witness statement on oath made by Mallam Gidado Ibrahim, they told the court that Atiku and his media aide, Phrank Shaibu, allegedly engaged in a campaign of calumny against Buhari by wilfully allowing and sponsoring the said defamatory and image-damaging statements to be published by some newspapers to members of the public.
They plaintiffs also prayed the court for a declaration that “the 1st defendant on behalf and for the 2nd defendant (Atiku) neglectfully, unlawfully and recklessly permitted and caused to be published in newspapers defamatory and damaging statements against the 1st plaintiff (President Buhari)”.
They, therefore, asked the court to order “specific damages against the defendants jointly and severally in the sum of N30million as the total sum above listed as financial loss the plaintiffs incurred due to the wrongful, neglectful and fraudulent acts of the defendants which forced the plaintiffs to spend to correct the wrong impression created in the minds of the members of the public due to the publication caused and published by the defendants.”
The plaintiffs also asked for “general damages in the sum of N10million only jointly and severally against the defendants for the embarrassment, pain and unnecessary financial loss suffered by the plaintiffs most particularly the 1st plaintiff who is a public figure, an honourable presidential candidate and reputable gentleman to the core.
