—AS PLAINTIFF’S LAWYERS STATE WHY IT SHOULD ENTERTAIN SUIT
By Chinedu Max Egere
A High Court in the Federal Capital Territory, Abuja has adjourned till
February 13, 2025, for hearing a libel suit instituted by the elder statesman,
Prince Bob Njemanze against Eze E.C. Okeke and 28 Imo traditional rulers.
In the counter affidavit in opposition to the motion for notice filed by the
defendants’ lawyers led by Eze Duruiheoma SAN, of the Libel suit instituted
by Prince Bob Njemanze, with suit No. FCT/AC/AV/1992/2024 against Eze
Emmanuel Okeke, Chairman, Imo State Council of Traditional Institution
and Community Policing and 28 other traditional rulers in Imo, the plaintiff’s
lawyers led by K.C.O. Njemanze SAN, Obinna Ajoku SAN and Prof. Francis
Dike SAN made their reasons clear in a motion before the Federal High
Court sitting in Abuja presided over by Hon. Justice O.A. Musa as to why
the matter should be entertained by the FCT High Court.
Obinna Ajoku SAN who held brief for K.C.O. Njemanze SAN, the plaintiff’s
lead counsel insisted that the Federal High Court, Abuja has the jurisdiction
to hear and determine the suit and that the honourable court ought to
consider the plaintiff’s writ of summons and statement of claim and not the
affidavits of both the 1st
- 3
rd and 4th - 33rd defendants’ motion in
determining its jurisdiction.
The plaintiff’s lawyers further stated in their counter affidavit that the words
of defamation being complained of by the plaintiff were published and or
caused to be published online via the 1st - 3
rd defendants’ official address
hence www.statesman.com at the instance of the 4th - 33rd defendants and
read online across the various states.
The plaintiff’s lawyers further stated that the customary laws sought to be
relied on by the defendants do not govern the defendants or the place of
institution of the libel suit and that the honourable court cannot be swayed
or allowed itself to be swayed by mere speculation and baseless averments.
The plaintiff’s lawyers made reference to Inakogu vs Adeleke (2007) where
the apex court had held that there is a common agreement in the
determination of jurisdiction, the court process to be used is the pleadings of the plaintiff which is the statement of claim and that as the action is
commenced by the originating summons, the court process to be used is
the affidavit in support of the claims.
Prince Bob Njemanze’s lawyers also made references to Waziri vs PDP
(2003) where the apex court affirmed that it is the plaintiff’s claim that
determines the court’s jurisdiction and also referred to the case of Bendel
Newspapers Corporation vs Okafor where the apex court accepted the
factor of the Newspaper circulation and the spread of its contents and
further that the apex court agreed that the defamatory words were
published online and printed in hard copies being widely circulated in
various states inclusive of FCT, Abuja.
The plaintiff’s lawyers went further to state that the publication of materials
concerning defamatory words online has far-reaching implications with a
desire to make the materials for publication cover globally and that on
online publication is meant for global audience and readership and also that
the aggrieved victim of the publication was targeted, profiled and exposed.
It should be recalled that the defendants, Eze E.C. Okeke and the 28 other
traditional rulers had on page 7 of the Statesman of Wednesday 6th of
March, 2024 made a publication with a title, “Ostracism: Re-Bob Njemanze”
which they signed and also spread through the electronic and online media,
an action which the plaintiff considered as damaging to his reputation
demanding Five Billion Naira (N5B) as damages from the defendants of the
FCT, Abuja High Court. The matter was however adjourned for hearing to
February 13, 2025.
The defendants include HRM Eze Dr. E.C. Okeke, HRM Eze Dr. Thomas A.
Obiefule, HRM Eze Prof. Dele Odigbo, HRM Eze Dr. I.I. Okoligwe Jp, HRM
Eze A.C. Obi, HRM Eze P. Uzodinma, HRM Eze Sampson Okwudinma, HRM
Eze Boniface Ononeyi, HRM Eze Franklin Okafor, Jp, HRM Eze Joel
Udenkwo, Jp, HRM Eze A. Onyeka, HRM Eze B.C. Osuala, HRM Eze P.
Ewuzie, HRM Eze K.N. Kanu, HRM Eze C.N. Eze, HRM Eze Acho Ndukwe
Iheanacho, HRM Eze Patrick Uwalaka, HRM Eze Rev. Jude Uwalaka, HRM
Eze Engr. Chris Aguba, HRM Eze Daniel Emeronye, HRM Eze Dr. Lucky
Okoro, HRM Eze Jude Nwaogu, HRM Eze Possible, HRM Eze Engr. Fred
Nwachukwu, HRM Eze Peter Njoku, HRM Eze O.B. Nwokocha, HRM Eze Sabinus Nwaneche, HRM Eze MJD Nwaturuocha.
