Get real time updates directly on you device, subscribe now.
Government latest frivolous antics “brought in bad faith” in six-years long trial dismissed by court
An Abuja high court has dismissed two motions by the Attorney General of the Federation seeking to terminate the defamation lawsuit of international human rights lawyer Emmanuel Ogebe against the Federal Government over his sponsorship of Chibok girls to the America.
At the proceedings yesterday, the Defendants were represented by Mr. Agbe and Mrs. Okonkwo of the Ministry of Justice who argued that because the lawsuit had two different suit numbers over the years, it should be dismissed by the judge.
However, the court in its ruling agreed with counsel for the Plaintiff, Godwin Abarike, Esq that the two suit numbers do not indicate two suits and that the error of the Registry cannot be visited on the plaintiff.
Per Abarike,
“It is respectfully submitted that the Defendants’ application to quash the proceedings or set aside the suit of the Claimant is an open invitation to the court to punish the Claimant for the mistake of the Registry of the Court. This is contrary to the principle of law that the sin of the registry of a court cannot be visited on litigants. Please, see Duke v. Akpabuyo L.G. (2005) 19 NWLR (Pt 559) 130 and G.T.B. Plc. v. Innoson (Nig.) Ltd (2022) 6 NWLR (Pt1825) 35. In Maku v. Sule (2022) 3 NWLR (Pt 1817) 231 at 257, it was held that:
“It is contrary to all principles to allow litigants to suffer for the mistake of the court registry”
It is our humble position that the Claimant, having not participated in the assignment of the suit numbers, cannot be held responsible for any mistake that occurred thereon. We respectfully urge the Court to so hold.
The Honorable Court would find from both its records and the counter-affidavit of the Claimant that the Defendants have always sought for ways to avoid the defense of this suit as they have none. In view of the foregoing submissions, we respectfully urge the Honorable Court to dismiss the Defendants’ motion, with penalizing cost, as same is brought in bad faith and lacking in merit.”
The motions of the AGF were both struck out with a cost of 50,000 awarded against the Federal Government by the court.
This is the third time that costs have been awarded against the Federal Government since the commencement of this defamation action in 2017. However, the FGN has failed to pay previous awards totaling over N1, 000,000 till date.
The matter was adjourned to February, 2023 for adoption of Final Written Addresses.
The FGN never presented any witnesses or evidence in its defense whereas the Plaintiff Emmanuel Ogebe, Esq flew to Nigeria and testified in his own behalf on multiple occasions.
Below is a copy of Plaintiff’s lawyer’s submission.
Emmanuel Ogebe Court awards costs against FGN as it again fails to stop lawyer’s Chibok defamation lawsuit
Govt’s latest frivolous antics “brought in bad faith” in six-years long trial dismissed by court
An Abuja high court has dismissed two motions by the Attorney General of the Federation seeking to terminate the defamation lawsuit of international human rights lawyer Emmanuel Ogebe against the Federal Government over his sponsorship of Chibok girls to the America.
At the proceedings yesterday, the Defendants were represented by Mr. Agbe and Mrs. Okonkwo of the Ministry of Justice who argued that because the lawsuit had two different suit numbers over the years, it should be dismissed by the judge.
Related Posts
However, the court in its ruling agreed with counsel for the Plaintiff, Godwin Abarike, Esq that the two suit numbers do not indicate two suits and that the error of the Registry cannot be visited on the plaintiff.
Per Abarike,
“It is respectfully submitted that the Defendants’ application to quash the proceedings or set aside the suit of the Claimant is an open invitation to the court to punish the Claimant for the mistake of the Registry of the Court. This is contrary to the principle of law that the sin of the registry of a court cannot be visited by the litigants. Please, see Duke v. Akpabuyo L.G. (2005) 19 NWLR (Pt 559) 130 and G.T.B. Plc. v. Innoson (Nig.) Ltd (2022) 6 NWLR (Pt1825) 35. In Maku v. Sule (2022) 3 NWLR (Pt 1817) 231 at 257, it was held that:
“It is contrary to all principles to allow litigants to suffer for the mistake of the court registry”
It is our humble position that the Claimant, having not participated in the assignment of the suit numbers, cannot be held responsible for any mistake that occurred thereon. We respectfully urge the Court to so hold.
The Honourable Court would find from both its records and the counter-affidavit of the Claimant that the Defendants have always sought for ways to avoid the defense of this suit as they have none. In view of the foregoing submissions, we respectfully urge the Honourable Court to dismiss the Defendants’ motion, with penalizing cost, as same is brought in bad faith and lacking in merit.”
The motions of the AGF were both struck out with cost of 50,000 awarded against the Federal Government by the court.
This is the third time that costs have been awarded against the Federal Government since the commencement of this defamation action in 2017. However, the FGN has failed to pay previous awards totaling over N1, 000,000 till date.
The matter was adjourned to February, 2023 for adoption of Final Written Addresses.
The FGN never presented any witnesses or evidence in its defense whereas the Plaintiff Emmanuel Ogebe, Esq flew to Nigeria and testified in his own behalf on multiple occasions.
Below is a copy of Plaintiff’s lawyer’s submission.
Emmanuel Ogebe
—
©Copyright 2022 News Band
(If you would like to receive CURRENT NEWS updates from News Band on WhatsApp, join here; for Telegram, join here. If the group is full, kindly send WhatsApp/Telegram message to +234 905 038 2526. You can also send eyewitness accounts/reports/articles to elstimmy@gmail.com. Follow us on twitter @News Band; like our Facebook page: News Band.)
