Governor El rufai’s N1.5B suit against ElombahNews, others

Draft Writ of Summons and accompanying processes

By News Band On Dec 23, 2020

Kaduna State Governor, Malam Nasir El-Rufai during a statewide broadcast of June 9, 2020

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IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA
SUIT NO.: FCT/HC/CV/ /2020

BETWEEN:

MALLAM NASIR EL – RUFAI, OFR …………………..… CLAIMANT

AND

1. PROF. CHIDI ODINKALU
2. MR. TIMOTHY ELOMBAH DEFENDANTS
3. MR. DANIEL ELOMBAH

ENDORSEMENT OF CLAIM

a) A DECLARATION that the statements made by the 1st Defendant under the banner “Litany of 25 critics who have suffered at El-Rufai’s hands, compiled by Chidi Odinkalu” and published by the 2nd and 3rd Defendants under their “Special Reports”, in the Wednesday September 2, 2020 edition of their online news medium known as Elombah News or elombah.com, against the Claimant was malicious, unlawful and without any justification, is defamatory and greatly injurious to his reputation.

b) The sum of N500,000,000 (Five Hundred Million Naira Only) against the Defendants as general damages for injury, embarrassment and distress suffered by the Claimant in respect of the loss of reputation and goodwill as a result of the malicious, unwarranted and defamatory publication against the person of the Claimant as contained in the Wednesday September 2, 2020 edition of their online news medium known as Elombah News or elombah.com; and wide circulation of same defamatory material/content.

c) AN ORDER that the Claimant is deservingly entitled to a written apology from the Defendants, published with same prominence as the offending publications.

d) AN ORDER of perpetual injunction restraining the Defendants from further defaming the reputation of the Claimant and publication of defamatory content against the Claimant.

This writ was issued by A.U. Mustapha, SAN, whose address for service is A. U. MUSTAPHA & CO., Tree House, No. 32, Mediterranean Street, Maitama District, Abuja, for the said Claimant.

STATEMENT OF CLAIM

1. The Claimant is a distinguished Professional Quantity Surveyor by profession, founding Partner of El-Rufai & Partners Limited, a former Chairman of the National Strategic Grains Reserve Silos Contracts Evaluation Panel, a former Director General of the Bureau of Public Enterprises (B.P.E.), a former Honourable Minister of the Federal Capital Territory, Abuja, a former Deputy National Secretary All Progressives Congress (APC) a registered political party in Nigeria, former Member/Secretary Electoral Committee, All Progressives Congress Anambra Governorship Election, 2013 and the present Governor of Kaduna State. The Claimant pleads and shall rely on letters of appointments and documents with respect to the above-mentioned offices.

2. The Claimant who commands a very brilliant academic pedigree holds a first Class degree in Quantity Survey from Ahmadu Bello University, Zaria, Nigeria, a Master’s degree in Business Administration, a Bachelor of Laws (LL.B) degree from the University of London amongst others, is a member of many professional organizations amongst which are Fellow, Nigeria Institute of Management, Fellow Nigeria Institute of Quantity Surveyors (FNIQS).

3. The Claimant also attended various academic and professional programs at Harvard Business School, Arthur D. Little School of Management, and the Georgetown University School of Foreign Services all in the USA, a Postgraduate Diploma in Computer Science (1985) and attended several programs on Privatization and Leadership. He established and ran what became a very successful consulting practice, el-Rufai & Partners, between 1982 and 1998 and has held senior positions with two international telecommunications companies, AT&T Network Systems International BV and Motorola.

4. The Claimant is also actively involved in the promotion of public, civic and humanitarian duties to the society in the course of his education and working career and has won many Honours, prizes and distinctions and was awarded amongst other recognitions, the Doctor of Science (Honoris Causa) by the University of Abuja, FCT, Nigeria in 2005 and a national honour of Officer of the Order of the Federal Republic of Nigeria (OFR) by the Federal Government of Nigeria in October 2001.

5. The Claimant has presented over 180 papers on diverse subjects at seminars, conferences and workshops locally and internationally. He is a prolific writer, columnist and the author of the Bestselling book “The Accidental Public Servant” and is happily married with children.

6. The 1st Defendant is a lawyer, a self-styled activist and promoter of a so-called Open Bar Initiative.

7. The 2nd and 3rd Defendants are the publishers of the online news medium known as Elombah News or elombah.com, a news medium that circulates and commands readership all over the world.

8. The Claimant avers that in the Wednesday September 2, 2020 edition of the aforesaid medium, the 1st Defendant maliciously, unlawfully and without any justification made a defamatory statement against the Claimant under the banner “Litany of 25 critics who have suffered at El-Rufai’s hands, compiled by Chidi Odinkalu” and same was published by the 2nd and 3rd Defendants under their “Special Reports” as follows:
“Nasir El-Rufai has caused to be issued on his behalf a tissue of untruths, half-truths & falsehoods concerning his brutal persecution of his critics as Governor of Kaduna State.
To help his memory, here is a litany of #bodybags of critics who have suffered at his hands:
1. Kaduna govt speaks on Dadiyata, prosecution of Odinkalu, Maikori, others
The Kaduna justice ministry released a statement, on Monday, to explain its stance.”

A copy of the publication is pleaded and shall be relied upon by the Claimant during the hearing of this suit.

9. The unjustified, malicious and unwarranted attacks by the Defendants against the Claimant continued in paragraphs 2-25 of the offensive publication thus:

3. Gabriel Idibia: journalist with The Union newspaper, dragged to court reportedly for being inquisitive about El-Rufai’s declared his assets as demanded by law.

4. Jacob Onjewu Dickson: Journalist with Authentic News, was arrested, detained & charged with – yes, u guessed it – #Incitement in May 2016, after reporting that youths had pelted @elrufai with objects.

5. Luka Binniyat: @Kindusluka was Kaduna Bureau Chief of @vanguardngrnews, when @elrufai ordered his arrest in Feb 2017 for a report under his by-line in the newspaper. Luka was detained for ovr (sic) 130 days without bail & El-Rufai instigated Vanguard to fire him

6. Midat Joseph: Journalist with Leadership Newspaper was arrested on orders of @elrufai in April 2017 for a post in a WhatsApp group. Guess what the charges against him were? #Incitement!

7. Sunny Yayock: Freelance journalist, arrested, detained & charged to court for his comment on social Media supporting a call for peaceful Demonstration. He slept for two days in the police cell before he was taken to court & granted bail

8. Jacob Dickson, the consulting editor of Authentic News Daily, an online paper, it was another day of uncertainty and anxiety in the court in Kaduna State.

9. Adamu Abdullahi: Social Media activist, was arrested by Police in Kaduna for questioning, for reportedly re-tweeting a tweet about @elrufai being pelted with objects.
10. Segun Onibiyo: Segun Onibiyo, journalist with Radio Nigeria was arrested charged on orders of El-Rufai on 14 Nov 2019 with – yes, u guessed it! – #Incitement, for his #socialmedia posts. He spent most of Dec 2019 detained b4 being released after 24 days

11. Samuel Ogundipe: Samuel Ogundipe was a journalist with Premium Times when El-Rufai’s son, Bello, threatened to arrest him for reporting that Bello had threatened the mum of someone who criticized his dad, the Kaduna governor, with gang rape

12. Dr. John Danfulani: John Danfulani Lecturer in Kaduna State University was suspended, arrested, detained & charged for incitement allegedly for criticising El-Rrufai through a Facebook post. He was detained for many days before bail. He was also fired.

13. Nasiru Jagaba: Nasiru Jagaba, national youth leader of the Southern Kaduna Peoples Union, Sokapu, was arrested & faced prosecution for protesting against El-Rufai’s policies.

14. HRH Dr. Ishaku Damina: 1st Class paramount Chief of Kurama, in Southern Kaduna was detained on trumped up charges for over a month on orders of El-Rufai in 2017. He was eventually granted bail when Court found nothing against him.

15. HRH, Dr. Maiwada Raphael Galadima, Agwam Adara: 1st Class Paramount Ruler of the Adara of Southern Kaduna, abducted on a Friday with his wife after protesting El-Rufai creating an Emirate over his kingdom. His body was discovered days later.

16. Adara Elders, Bawa Magaji (Waziri); Sani Magaji, (Baraden); Awemi Dio Maisamari; Joseph Abdalla; Tanko Maisanari; Hosea Danladi; Joseph Ayuba; Tanko Wada; Ulu Maitumbi; arrested & detained for 106 days before being released bcos charges were trumped up.

17. Abubakar Idris (Dadiyata): University lecturer, abducted from the gate of his house in Barnawa Kaduna on 1 august 2019 & disappeared since. He is one of El-Rufai’s most prominent critics. Bashir El-Rufai implies that he knows something about this abduction.

18. Steven Kefason, journalist & activist was abducted from Rivers State on the orders of El-Rufai, taken to Kaduna & detained for 162 days before bail. Charges? Incitement. While he was detained, his socialmedia footprint was wiped out.
19. Dr. Zuwaqhu Bonat: senior lecturer at Kaduna State University & a community leader, was sacked from his job on the orders of El-Rufai for his advocacy work on behalf of the communities of Southern Kaduna.

20. Inuwa Abdulkadir: Lawyer, former Minister & NW Zonal Chair of APC, El-Rufai demolished Inuwa’s home in Kaduna when he declined support to suspend Shehu Sani from the party. Inuwa died in July with the case still pending in court.

21. Suleiman Hunkuyi: former Kaduna State Chairman of APC and senator of Senate, El-Rufai demolished Senator Hunkuyi’s home in Unguwar Rimi over a political disagreement and converted it into a children’s park.

22. Danjuma Laah: Senator representing Southern Kaduna, house raided by Police and nephew arrested in Kaduna allegedly on orders of El-Rufai after he spoke out on Southern Kaduna Massacre and called for Southern Kaduna ppl to “defend themselves.”

23. Shehu Sani represented Kaduna Central in the Senate on platform of APC. When he disagreed with El-Rufai’s brutalities, the governor(sic) reportedly induced the party to turf him out of the party and started gloating.

24. Audu Maikori: At the Lagos Socia Media Week in 2017, El-Rufai promised publicly that Audu, lawyer & entrepreneur, will be abducted to Kaduna. True to his word, in Feb 2017, Audu was unlawfully vanished from Lagos to Kaduna on charges of incitement.

25. Gloria Ballason: When then Nigeria Bar Association president visited El-Rufai in 2016 over Southern Kaduna, the governor threatened to abduct Human Rights lawyer & CEO HO Justice Intl, G. Mabeiam over an article she wrote. She has many court orders against El-Rufai.”

10. The Defendants not yet done with their ferocious attacks, went further to magnify their injuries in the offensive publication in the last paragraph as follows:-

“This thread is merely illustrative and not exhaustive of the tale of El-Rufai’s crimes of abuse of power, Napoleon Syndrome, and ruinous peeves and pettinesses.
This is necessitated by the tissue of mendacity issued on his behalf yesterday by Ministry of Justice, Kaduna.”

11. The Claimant further avers that on the said day when the publications were made, he logged on to the Elombah News or elombah.com managed and/or run by the 2nd and 3rd Defendants as furnished at paragraphs 8-10 above via his laptop which was and is still in perfect working condition.

12. The Claimant avers that he printed out the said offending publications and other online publications including a certificate using one of his computer systems, an Intel Pentium (R), Dual Core, 4.00 GB, 32-bit Operating System coupled to the printer HP LaserJet Pro M402dne desktop printer.

13. The Claimant hereby pleads and shall rely on same printout and other printouts at the trial of this Suit as well as the Certificate to the effect that the computer system used was in excellent working condition before, during and after the printing.

14. The 2nd and 3rd Defendants widely circulated the offending materials referred to in paragraphs 8-10 above as published in their nationally and internationally read online medium.

15. The Claimant further avers that the publication has done irreparable injury and damage to his hard earned reputation by portraying him as a dictator who is intolerant of criticisms and opposing views and would therefore not hesitate to employ the massive power of the state at his disposal to hunt, hound and persecute those who air dissenting views without any regard to human rights, rule of law, court orders and even human lives.

16. The Claimant further avers that the above publication complained about has direct inference and constitute a serious and scandalous charge against him as a reputable public office holder, professional Quantity Surveyor of repute and accomplishment and the present Governor of Kaduna State who was re-elected for a second term in office in the gubernatorial election held on March 9, 2019.

17. The Claimant will rely on the ordinary and natural meaning of the words complained of and contend that the words are defamatory of him.

18. The Claimant will contend that the following conclusions or imputations can reasonably be inferred and drawn from the words published that:-

(i) The Claimant is a dictator who governs Kaduna State without regards to the rule of law that is the bedrock of constitutional democracy.

(ii) The Claimant does not tolerate criticisms and opposing views and would not hesitate to employ the powers of the state to hunt, hound and persecute those who express opposing views.

(iii) The Claimant is a serial and notorious violator of human rights who employs extra judicial means to abduct and kidnap his perceived opponents who exercise their constitutional rights to freedom of expression.

(iv) The Claimant abducts or instigates the abductions, kidnappings, disappearances and killing of his critics.

(v) The Claimant colludes with the Nigeria Police and other security agencies to unlawfully arrest his critics, clamp them into long unlawful detentions where they are subjected to torture and all kinds of human rights violations.

(vi) The Claimant is autocratic, prone to violence and does not have any regards for human rights and human lives.

(vii) The Claimant instigated and/or orchestrated the abduction of his known critic in the person of Abubakar Idris also known Dadiyata, a University lecturer from his house in Barnawa, Kaduna on 1st August, 2019.

(viii) The Claimant does not obey and is notorious for disregarding court orders.

(ix) The Claimant is vindictive, vicious, lawless, reckless and prone to violence.

(x) The Claimant exercises his executive powers without any sense of responsibility.

19. That contrary to the false, baseless and malicious publication by the Defendants that the Claimant is autocratic, oppressive, lawless, a serial violator of human rights, governs with impunity without regards to the rule of law and order of courts, a vindictive and vicious person prone to violence, Claimant further avers as follows:

(i) That he is a peace loving and law-abiding citizen who strongly believes in the rule of law as the bedrock of any constitutional democracy.

(ii) That his actions and policies in both private and public service have always been driven by a desire to uphold and conform with laid down legal structures based on constitutional and all legal and statutory provisions in force.

(iii) That he is a strong believer in press freedom and freedom of expression based on constructive criticisms on factual situations which add value to the process of governance as he is well aware that no person in position of authority has the monopoly of wisdom.

(iv) That he neither persecutes nor violates the human rights of his critics and persons who hold opposing views including journalists and lawyers.

(v) That he neither governs with impunity nor resort to violent or extra-judicial means like kidnappings, abductions, illegal detentions and killings to persecute his critics or any other person as falsely and maliciously alleged by the Defendants.

(vi) That he has never directly or indirectly instigated or order the Police or other security agencies to arrest and unlawfully detain and torture his critics or any other persons.

(vii) That the Police and other security agencies who are not under his command have a legal duty to investigate, arrest and detain any individual suspected of having committed an offence in Kaduna State.

(viii) Further to the above, where the Police or other security agencies find it appropriate, a suspect after investigation would be charged to the appropriate court of competent jurisdiction as part of the workings of the entire criminal justice system legally in place.

(ix) That the Kaduna State Ministry of Justice under the Attorney General and Commissioner for Justice, the Kaduna State Judiciary under the Chief Judge, the Police and other security agencies are all stakeholders and actors in the administration of criminal justice in Kaduna State and it is therefore strange and unjust to attribute their actions taken in the course of their lawful duties against individuals suspected to have committed a crime to the person of the Claimant.

(x) That he has absolute confidence in the judicial system anchored on the rule of law to address both his personal grievances and to protect the interest of the state and the people where there is an infraction inimical to their peace and security.

(xi) That he never used the power of the state to persecute and intimidate his opponents, but rather it is the case of the law going after law breakers who incite violence, peddle falsehood in news media capable of leading to the breakdown of law and order.

(xii) That the constitutional provisions for freedom of expression is not at large and can never be a license for peddling falsehood and incitement in news media capable of leading to the breakdown of law and order and all responsible governments have a duty to act through the appropriate organs to protect the interest of the state and its people against such reckless infractions.

(xiii) That as a law abiding, peace loving and peaceful person who eschews violence in any form or manner as way of expressing grievances and to underscore his confidence and commitment to the rule of law, he has instituted in court over 17 civil cases seeking redress against defamation of his person, enforcement of his fundamental human rights and other civil remedies against individuals, private entities and the state some of which are as follows:-

a) MALLAM NASIR EL-RUFA’I vs. RENO OMOKRI & ANOR.
SUIT NO: CV/2666/2020

b) MALLAM NASIR EL-RUFAI, OFR VS. TODAY’S PUBLISHING CO. LTD & ANOR.
SUIT NO.: KDH/KAD/285/15

c) MALLAM NASIR EL-RUFAI VS MEDIA TRUST LTD & OR.
SUIT NO: KDH/KAD/1315/17

d) MAL NASIR EL-RUFAI VS SHEHU SANI & AUSTYN OGANNAH
SUIT NO: KDH/KAD/193/18

e) MALLAM NASIR EL-RUFAI VS SHEHU SANI & THE PUNCH
SUIT NO: KDH/KAD/194/18

f) MALLAM NASIR EL-RUFAI VS SHEHU SANI & ICIR
SUIT NO: KDH/KAD/194/18

g) MALLAM NASIR EL-RUFAI VS SHEHU SANI & JACKSON UDE
SUIT NO: KDH/KAD/196/18

h) MALLAM NASIR EL-RUFAI VS. CHIEF VICTOR UMEH & ANOR.
SUIT NO: CV/70/2014

i) MALLAM NASIR EL-RUFAI VS. CHIEF OLISA METUH & 2 ORS
SUIT NO: CV/1424/2014

j) MALLAM NASIR EL-RUFAI VS. ROSEHILL GROUP LTD & 2 ORS.
SUIT NO: FC/HC/CV/35/2008

k) MALLAM NASIR EL-RUFAI vs. EFCC & 11 ORS.
SUIT NO: FHC/ABJ/CS/69/09

l) MALLAM EL-RUFAI V. S.S.S. & ANOR.
SUIT NO.: FHC/AWK/CS/310/2013

m) THE STATE SECURITY SERVICE & ANOR VS. MALLAM NASIR EL-RUFAI
APPEAL NO. CA/E/641/2014

n) EL-RUFAI VS. EFCC & AGF;
SUIT NO. FHC/CS/669/08

o) EL-RUFAI VS. MIN. OF INTERIOR & 3 ORS

(xiv) The Kaduna State Government under the watch of the Claimant always goes to court to pursue its grievances against individuals suspected to have committed an infraction of the law against the state in accordance with the letters and spirit of the rule of law.

(xv) That he runs a very open and inclusive government that accommodates all opinions that would improve the process of governance and move the state forward.

(xvi) That he does not only detest and abhor violence but has deep rooted belief in the sanctity of every human life.

(xvii) That he is a religious and devoted Muslim who strongly believes and upholds the sanctity of human life created only by God as the life of every human is precious in the eyes of God.

(xviii) This deep conviction has always steered the Claimant to the path of the rule of law, respect for law and order in his personal and public life, and a strong resolve to live, rule and uphold his most sacred oath of office which is anchored on the protection of lives and properties of all the good people of Kaduna State.

(xix) To underscore the seriousness which the Claimant attaches to the issue of security of all the good people of Kaduna State, the Claimant created a special Ministry of Internal Security and Home Affairs in order to properly monitor, evaluate and coordinate the state government’s response to security challenges in every part of the state.

(xx) That his style of governance and transformational leadership has been a source of positive development for the growth of Kaduna State.

20. The Claimant further avers that at all times material to the offensive publications, the Defendants were aware of the falsity of the contents, but nevertheless published and/or caused same to be published out of spite and/or malicious intent.

21. Furthermore, or in the alternative, the Claimant avers that the said words complained of were false and were maliciously published.

Particulars of falsity

(i) That he neither governs Kaduna State with impunity nor despises the rule of law and court orders.

(ii) That he never embarked on policies and actions in both private and public service that is contrary to laid down legal structures and violates constitutional, legal and statutory provisions in force.

(iii) That he never abhors or is intolerant of press freedom and freedom of expression based on constructive criticism on factual situations which add value to the process of governance as he is well aware that no person in position of authority has the monopoly of wisdom.

(iv) That he neither persecutes nor violates the human rights of his critics and persons who hold opposing views including journalists and lawyers.

(v) That he neither governs with impunity nor resorts to violent or extra-judicial means like kidnappings, abductions and killings to persecute his critics or any other person as falsely and maliciously alleged by the Defendants.

(vi) That he never used the coercive power of the state to persecute and intimidate his opponents, but rather it is the case of the law going after law breakers who incite violence, peddle falsehood in news media capable of leading to the breakdown of law and order.

(vii) That the constitutional provisions for freedom of expression is not at large and can never be a license for peddling falsehood and incitement in news media capable of leading to the breakdown of law and order and all responsible governments have a duty to act through the appropriate organs to protect the interest of the state and its people against such reckless infractions.

(viii) Contrary to the false narratives and aspersions suggested in paragraph 3 of the offending publication that “Idibia Gabriel: journalist with The Union Newspaper, dragged to court reportedly for being inquisitive about El-Rufai’s declared assets as demanded by law.” Mr. Idibia Gabriel is not facing any criminal prosecution for the report in question but was sued along with The Union newspaper by the Claimant for defamation in a civil matter which has been the consistent pattern of the Claimant by going to civil courts to ventilate his grievances where his personal rights have been injured. Mr. Idibia Gabriel was neither detained nor interrogated. The Claimant’s Writ of Summons and Statement of Claim in the suit against Mr. Idibia Gabriel is hereby pleaded and shall be relied upon during hearing in this suit.

(ix) That contrary to the false allegations contained in paragraph 4 of the offending publication, the said Jacob Onjewu Dickson was charged with False Personation and Inciting Disaffection to the Government. The Accused person, a Personnel of New Nigerian Newspaper Limited, Kaduna, falsely presented himself as being Philibus Dauda Kaduna and made an online publication via Authentic News Daily, amounting to incitement to the effect that the Governor of Kaduna State promotes anti-Christian policies by allegedly cancelling Easter Break in the state. He made a Confessional statement. He was charged on a First Information Report before Chief Magistrate Court 1, Kaduna. The First Information Report and Confessional Statement including other case file documents are hereby pleaded and shall be relied upon during hearing in this suit.

(x) The allegation in paragraph 5 of the offending publication concerning Luka Binniyat is an absolute falsehood as he is lawfully charged for inciting pubic disturbance and injurious falsehood when he fabricated and published a story in the Vanguard newspaper that five students of the college of Education, Gidan-Waya, were ambushed and killed by Fulani herdsmen. Luka Binniyat claimed that he got the story from Audu Maikori’s tweet as his source and the story turned out to be false. Mr. Audu Maikori is also charged for public disturbance, injurious falsehood and conspiracy. They are charged in Kaduna State High Court No. 2 in Amended Charge No.: KDH/KAD/41C/2017 and No.: KDH/KAD/38c/2017 respectively. Copies of their Charges in the above suits are hereby pleaded and shall be relied upon during the hearing of this suit.

(xi) That the said Lukat Binniyat was granted bail by the Court but could not meet the bail conditions, hence his remand in prison custody until he met his bail conditions.

(xii) The allegations concerning one Segun Onibiyo whose full name is Onibiyo Segun Mike Gbenga contained in paragraph 10 of the offending publication is blatantly false. Mr. Onibiyo upon an investigation was found to have been spreading false news through his facebook account which led to communal and religious crisis in Kaduna Metropolis. He was thereafter arraigned on a First Information Report (FIR) in case No.: KMD/205X/2018 before Chief Magistrate Court No. 12, Ibrahim Taiwo Road Kaduna for offences of inciting disturbance, defamation of character and injurious falsehood. After arraignment he pleaded not guilty and was granted bail. He became remorseful and pleaded for out of court settlement with the government through his lawyer but was refused. A copy of the FIR is hereby pleaded and shall be relied upon during the hearing of this suit.

(xiii) That contrary to the insinuation and suggestion of persecution in paragraph 12 of the offending publication, Dr. John Danfulani is lawfully facing a two-count charge of incitement and injurious falsehood before a Kaduna State High Court in Suit No. KDH/KAD/102C/2016. He pleaded not guilty on arraignment and was granted his constitutional right to bail. Copies of the Charge and the Notice of Amendment of Charge are hereby pleaded and shall be relied upon during the hearing of this Suit.

(xiv) That contrary to the false allegations contained in paragraph 14 of the offending publication, Dr. Damina Sabo Ishaku three others are standing trial for alleged criminal conspiracy to kidnap and kidnapping of one Yusuf Alhaji Ori of Yarkasuwa Chiefdom of Lere Local Government Area of Kaduna State. The matter is currently ongoing. The Defendants filed a Motion to have the Charges terminated. The State responded and the court ruled in favour of the State. The Defendants then filed separate appeals. The Charge, Motion, Counter Affidavit/Written Address, Ruling of the Court and Notices of Appeal are hereby pleaded and shall be relied upon at the hearing of this suit.

(xv) That contrary to the false and spurious suggestion contained in paragraph 15 of the offending publication, the Claimant is not responsible for the sad and unfortunate abduction and murder of the late 1st Class Paramount Ruler of Adara Chiefdom in Southern Kaduna, HRH, Dr. Maiwada Rapheal Galadima, Agwam Adara. May his soul rest in peace.

(xvi) That contrary to the insinuation and/or suggestion contained in Paragraph 16 of the offending publication, the Claimant is not responsible for the arrest and detention of the Adara Elders. It is a case of Conspiracy and Culpable Homicide Punishable with Death wherein the elders were brought before a Magistrate Court for Cognizance and thereafter detained for the alleged killing of the 1st Class Paramount Ruler of Adara Chiefdom in Southern Kaduna, HRH, Dr. Maiwada Rapheal Galadima, Agwam Adara. The court denied them bail because of the severity of the offences as contained in the First Information Report. They were later released except for three of them-Ulu Maitumbi, Awemi Dio Maisamari and Abdallah Joseph who are being prosecuted for incitement and possession of firearms respectively. The Charge and First Information Report are hereby pleaded and shall be relied upon during hearing in this suit.

(xvii) That contrary to false and spurious suggestions in paragraph 17 of the offending publication, neither the Claimant nor the Kaduna State Government knows anything about the disappearance of Abubakar Idris Usman also known as Dadiyata.

(xviii) The narration of “abduction” of Stephen Kefason on the “order” of the Claimant in paragraph 18 of the offending publication is one of the most misleading and mischievous lies and fabrications by the Defendants against the Claimant. The Claimant neither knows nor made any order against Stephen Kefason. The fact later known to the Claimant is that Police independent investigation into the communal and religious crisis in Adara Chiefdom linked Stephen Kefason’s twitter account to the spreading of rumor, fake news and public incitement leading to the communal and religious crisis which caused the death of the Adom Adara and the loss of several lives and properties. Upon conclusion of investigations, Stephen Kefason was charged and arraigned before Chief Magistrate Court 10, Ibrahim Taiwo Road, Kaduna State for inciting disturbances, defamation of character and injurious falsehood. Stephen Kefason is also charged before the Kaduna State High Court based on the advice of the Ministry of Justice. Stephen Kefason has since been granted his constitutional right to bail. Copies of the FIR and the Charge are hereby pleaded and shall be relied upon during the hearing of this suit.

(xix) The Claimant never approached Inuwa Abdulkadir or any other person seeking their support to suspend Shehu Sani from APC as falsely alleged in paragraph 20 of the offending publication. Inuwa Abdulkadir’s house was on the contrary demolished by the relevant Government agency when it was discovered that his building violated the extant laws. There was no input whatsoever from the Claimant in the process leading to the demolition. The Defendants are hereby put to the strictest proof of the allegations contained in the said paragraph 20 of the offending publication. The Claimant hereby pleads and shall at the hearing of this Suit rely on the Notice of Revocation of the Right of Occupancy, Bill for Payment of Ground Rent, Notice of Demolition of the subject property and the ruling striking out the Suit instituted by Inuwa Abdulkadir challenging the said demolition.

(xx) The narration contained in paragraph 21 of the offending publication is blatant falsehood as the Claimant was not instrumental to the process leading to the demolition of the house of Senator Suleiman Hunkuyi. Senator Suleiman Hunkuyi acquired the said property in the name of his company; Manu Investment Limited. The house was found to have violated the Master plan by the relevant Government agency to wit: unauthorized change of purpose of Grant of the Right of Occupancy and was consequently demolished in compliance with due process. The Senator was also said to have owed accumulated Ground Rent in respect of the subject property. The Suit instituted by Senator Hunkuyi challenging the said demolition has been decided in favour of the Kaduna State Government. The Claimant hereby pleads and shall at the hearing of this Suit rely on the Notice of Revocation of the Senator’s Right of Occupancy, Bill for Payment of Ground Rent, Notice of Demolition of the subject property and the ruling striking out the Suit instituted by the Senator challenging the said demolition.

(xxi) The allegation contained in paragraph 23 of the offending publication is false and unfounded as the Claimant never “induced the party” or played any role whatsoever leading to the decision of Shehu Sani to defect from the APC which was entirely his personal decision.

(xxii) Mr. Audu Maikori was never abducted as alleged in paragraph 24 of the offending publication, but arrested by the police in the course of executing a lawful warrant which was lawfully procured by the Kaduna State Government. The damages awarded Mr. Audu Maikori in the suit filed by him at the Federal High Court, challenging his arrest and detention, has been appealed by the Kaduna State Government and which appeal is pending. A copy of the Notice of Appeal to the Supreme Court is hereby pleaded and shall be relied upon during the hearing of this suit.

(xxiii) The allegations in paragraph 25 of the offending publication is false as the Kaduna State Government only wrote a letter of complaint to the Nigerian Bar Association in 2017 about the very inciting article by Ms. Gloria Ballason titled: “When Government Kills.” Upon investigation of the complaint by the NBA, Ms. Gloria Ballason filed an action against the Government and was awarded damages which have been appealed in Appeal No. CA/AK/436/2018. Copies of the said inciting article and the Notice of Appeal are hereby pleaded and shall be relied upon during the hearing of this suit.

(xxiv) The insinuations, suggestions and allegations contained in paragraphs 2, 6, 7, 9, 11, 13, 22 and 19 of the offending and defamatory publication as the Claimant is not responsible for anything that happened to the individuals mentioned in the said paragraphs and knows nothing about the facts contained in the said paragraphs. The Defendants are put to the strictest proof of the said averments.

(xxv) It is false to allege that the Claimant does not run a very open and inclusive government that accommodates all opinions that would improve the process of governance and move the state forward.

Particulars of Malice

i) The 1st Defendant’s personal hatred for the Claimant is actuated by the fact that he strangely misconceives the application filed by the Kaduna State Director of Public Prosecutions before Chief Magistrate Court No. 1 Ibrahim Taiwo Road, in case No. KDM/27DC/2019 for issuance of criminal summons for committing the offences of inciting disturbance, injurious falsehood, public nuisance and furnishing false information under the Penal Code Law of Kaduna State as the personal act of the Claimant.

ii) By reason of the above developments stated above, the 1st Defendant engaged the services of the 2nd and 3rd Defendants to launch the spurious and unwarranted attacks against the Claimant in the offending publication.

22. Following the said publication, which was designed to lower the reputation and standing of the Claimant politically, socially and professionally, many colleagues and individuals have continued to make enquires about the credibility, honesty, purposefulness and integrity of the Claimant.

23. The publication has injured the reputation of the Claimant whose standing in life requires utmost integrity, honesty and responsibility.

24. The publication has brought the Claimant into odium and contempt and he has suffered distress, embarrassment and humiliation.

25. As a result of the publication, the Claimant’s reputation has been negatively affected. The Claimant has been brought into public scandal, ridicule and contempt among reasonably-minded and right-thinking ordinary Nigerians.

26. The Claimant further states that at all times material to the offensive publication, the Defendants were aware of the falsity of the content of the publications stated above, but nevertheless published and/or caused same to be published out of spite and/or malicious intent.

27. The Claimant avers that as a direct consequence of the publication of the quoted words above, he has been subjected to incalculable psychological trauma and loss of reputation, which he has laboured for since the inception of his career spanning over a period of 38 years.

28. The Claimant hereby pleads and shall rely on the publication of the Defendants of Wednesday, 2nd September, 2020 and all relevant documents and correspondences.

29. WHEREOF the Claimant claims against the Defendants jointly and severally as follows:-

c) AN ORDER that the Claimant is deservingly entitled to a written apology from the Defendants, published with same prominence as the offending publications.

d) AN ORDER of perpetual injunction restraining the Defendants from further defaming the reputation of the Claimant and publication of defamatory content against the Claimant.

Dated this …………….. day of November, 2020.
…………..………………….
A. U. Mustapha, SAN.
O.A. Dada, Esq.
Aboje Ogbu, Esq
Adetayo Adeyemo, Esq.
S.S. Umoru, Esq.
Mustapha B. Tafarki, Esq.
Ossy Ehikioya, Esq.
Sulaiman Salihu, Esq.
Asinmi Lukman, Esq.
K. D. Mustapha, Esq.
(Counsel to the Claimant)
A.U. MUSTAPHA & CO.

No.32, Mediterranean Street,
Maitama District,
Abuja, FCT – Nigeria.
Tel: 08057466902, 08142199584
admin@aumustapha.com
www.aumustapha.com

FOR SERVICE ON THE DEFENDANTS:

CLAIMANT’S LIST OF WITNESSES

1. Mallam Nasir El-Rufai, OFR;
2. Mr. Bayero Dari;
3. Mr. Ajayi Olatunji Olowo;
4. Dr. Oghenemano Edigheji;
5. Any other witnesses that may be deem necessary during the proceeding.

CLAIMANT’S WITNESS STATEMENT ON OATH

I, Mallam Nasir Ahmad El-Rufai, O.F.R., Male, Muslim, Adult, Nigerian citizen of Plot 1213, Birao Street, Behind AP Plaza, Wuse II, FCT, Abuja and the Governor of Kaduna State, do hereby make oath and state as follows:-

1. I am a distinguished Professional Quantity Surveyor by profession, founding Partner of El-Rufai & Partners Limited, a former Chairman of the National Strategic Grains Reserve Silos Contracts Evaluation Panel, a former Director General of the Bureau of Public Enterprises (B.P.E.), a former Honourable Minister of the Federal Capital Territory, Abuja, a former Deputy National Secretary All Progressives Congress (APC), a registered political party in Nigeria, former Member/Secretary Electoral Committee, All Progressives Congress Anambra Governorship Election, 2013 and the present Governor of Kaduna State.

2. I am a holder of a first Class Degree in Quantity Surveying from Ahmadu Bello University, Zaria, Nigeria, a Master’s Degree in Business Administration, a Bachelor of Laws (LL.B) Degree from the University of London amongst others. I am a member of many professional organizations amongst which are Fellow, Nigeria Institute of Management; Fellow Nigeria Institute of Quantity Surveyors (FNIQS).

3. I also attended various academic and professional programs at Harvard Business School, Arthur D. Little School of Management; and, the Georgetown University School of Foreign Services all in the USA; a Postgraduate Diploma in Computer Science (1985) and attended several programs on Privatization and Leadership. I established and ran what became a very successful consulting practice, El-Rufai & Partners, between 1982 and 1998 and has held senior positions with two international telecommunications companies, AT&T Network Systems International BV and Motorola.

4. I have over the years been also actively involved in the promotion of public, civic and humanitarian duties to the society in the course of my education and working career and have won many Honours, prizes and distinctions and was awarded amongst other recognitions, the Doctor of Science (Honoris Causa) by the University of Abuja, FCT, Nigeria in 2005 and a National Honour of Officer of the Order of the Federal Republic of Nigeria (OFR) by the Federal Government of Nigeria in October 2001.

5. I have presented over 180 papers on diverse subjects at seminars, conferences and workshops locally and internationally. I am a writer, columnist and the author of the Bestselling book “The Accidental Public Servant” and happily married with children.

6. The 1st Defendant is a lawyer, a self-styled activist and promoter of a so-called Open Bar Initiative.

7. The 2nd and 3rd Defendants are the publishers of the online news medium known as Elombah News or elombah.com, a news medium that circulates and commands readership all over the world.

8. That in the Wednesday September 2, 2020 edition of the aforesaid medium, the 1st Defendant maliciously, unlawfully and without any justification made a defamatory statement against me under the banner “Litany of 25 critics who have suffered at El-Rufai’s hands, compiled by Chidi Odinkalu” and same was published by the 2nd and 3rd Defendants under their “Special Reports” as follows:

“Nasir El-Rufai has caused to be issued on his behalf a tissue of untruths, half-truths & falsehoods concerning his brutal persecution of his critics as Governor of Kaduna State.
To help his memory, here is a litany of #bodybags of critics who have suffered at his hands:
1. Kaduna govt speaks on Dadiyata, prosecution of Odinkalu, Maikori, others
The Kaduna justice ministry released a statement, on Monday, to explain its stance.”

9. The unjustified, malicious and unwarranted attacks by the Defendants against my person continued at paragraphs 2-25 of the offensive publication thus:-

3. Gabriel Idibia: journalist with The Union newspaper, dragged to court reportedly for being inquisitive about El-Rufai’s declared his assets as demanded by law.

6. Midat Joseph: Journalist with Leadership Newspaper was arrested on orders of @elrufai in April 2017 for a post in a WhatsApp group. Guess what the charges against him were? #Incitement!

8. Jacob Dickson, the consulting editor of Authentic News Daily, an online paper, it was another day of uncertainty and anxiety in the court in Kaduna State.

9. Adamu Abdullahi: Social Media activist, was arrested by Police in Kaduna for questioning, for reportedly re-tweeting a tweet about @elrufai being pelted with objects.

10. Segun Onibiyo: Segun Onibiyo, journalist with Radio Nigeria was arrested charged on orders of El-Rufai on 14 Nov 2019 with – yes, u guessed it! – #Incitement, for his #socialmedia posts. He spent most of Dec 2019 detained b4 being released after 24 days

13. Nasiru Jagaba: Nasiru Jagaba, national youth leader of the Southern Kaduna Peoples Union, Sokapu, was arrested & faced prosecution for protesting against El-Rufai’s policies.

19. Dr. Zuwaqhu Bonat: senior lecturer at Kaduna State University & a community leader, was sacked from his job on the orders of El-Rufai for his advocacy work on behalf of the communities of Southern Kaduna.
20. Inuwa Abdulkadir: Lawyer, former Minister & NW Zonal Chair of APC, El-Rufai demolished Inuwa’s home in Kaduna when he declined support to suspend Shehu Sani from the party. Inuwa died in July with the case still pending in court.

10. The Defendants not yet done with their ferocious attacks, went further to magnify their injuries in the offensive publication in the last paragraph as follows:-

11. That on the said day when the publications were made, I logged on to the Elombah News or elombah.com, managed and/or run by the 2nd and 3rd Defendants as furnished at paragraphs 8-10 above via my laptop which was and is still in perfect working condition.

12. That I printed out the said offending publications and other online publications including a Certificate using one of my computer systems, an Intel Pentium (R), Dual Core, 4.00 GB, 32-bit Operating System coupled to the printer HP LaserJet Pro M402dne desktop printer.

13. The computer system I used was in excellent working condition before, during and after the printing.

14. The 2nd and 3rd Defendants widely circulated the offending materials referred to at paragraphs 8-10 above as published in their nationally and internationally read online medium.

15. The publication has done irreparable injury and damage to my hard-earned reputation by portraying me as a dictator who is intolerant of criticisms and opposing views and would therefore not hesitate to employ the massive powers of the state at my disposal to hunt, hound and persecute those who air dissenting views without any regard to human rights, rule of law, court orders and even human lives.

16. The above publication complained about has direct inference and constitutes a serious and scandalous charge against me as a reputable public office holder, professional Quantity Surveyor of repute and accomplishment and the present Governor of Kaduna State who was re-elected for a second term in office in the Gubernatorial election held on March 9, 2019.

17. I rely on the ordinary and natural meaning of the words complained of and contend that the words are defamatory of my person.

18. I contend that the following conclusions or imputations can reasonably be inferred and drawn from the words published:

(xi) That I am a dictator who governs Kaduna State without regards to the rule of law that is the bedrock of constitutional democracy;

(xii) That I do not tolerate criticisms and opposing views and would not hesitate to employ the powers of the state to hunt, hound and persecute those who express opposing views;

(xiii) That I am a serial and notorious violator of human rights who employs extra judicial means to abduct and kidnap my perceived opponents who exercise their constitutional rights to freedom of expression;

(xiv) That I abduct or instigate the abductions, kidnappings, disappearances and killings of my critics.

(xv) That I collude with the Nigeria Police and other security agencies to unlawfully arrest my critics, clamp them into long unlawful detentions where they are subjected to torture and all kinds of human rights abuses;

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(xvi) That I am autocratic, prone to violence and do not have any regard for human rights and human lives;

(xvii) That I instigated and/or orchestrated the abduction of my known critic in the person of Abubakar Idris also known as Dadiyata, a University lecturer from his house in Barnawa, Kaduna on 1st August, 2019;

(xviii) That I do not obey and I am notorious for disregarding court orders;

(xix) That I am vindictive, vicious, lawless, reckless and prone to violence;

(xx) That I exercise my executive powers without any sense of responsibility.

19. Contrary to the false, baseless and malicious publication by the Defendants that I am autocratic, oppressive, lawless, a serial violator of human rights, who govern with impunity without regards to the rule of law and order of courts, a vindictive and vicious person prone to violence, I wish to further state as follows:-

(i) That I am a peace loving and law-abiding citizen who strongly believe in the Rule of Law as the bedrock of any constitutional democracy;

(ii) That my actions and policies in both private and public service have always been driven by a desire to uphold and conform with laid down legal structures based on constitutional and all legal and statutory provisions in force;

(iii) That I am a strong believer in press freedom and freedom of expression based on constructive criticisms on factual situations which add value to the process of governance as I am well aware that no person in position of authority has the monopoly of wisdom;

(iv) That I will neither persecute nor violate the human rights of my critics and persons who hold opposing views including journalists and lawyers;

(v) That I will neither govern with impunity nor resort to violent or extra-judicial means like kidnappings, abductions, illegal detentions and killings to persecute my critics or any other person as falsely and maliciously alleged by the Defendants;

(vi) That I have never directly or indirectly instigated or ordered the Police or other security agencies to arrest and unlawfully detain and torture my critics or any other persons;

(vii) That the Police and other security agencies who are not under my command have a legal duty to investigate, arrest and detain any individual suspected of having committed an offence in Kaduna State;

(x) That I have absolute confidence in the judicial system anchored on the rule of law to address both my personal grievances and to protect the interest of the state and the people where there is an infraction inimical to their peace and security;

(xi) That I have never used the powers of the state to persecute and intimidate my opponents, but rather it is the case of the law going after law breakers who incite violence, peddle falsehood in news media capable of leading to the breakdown of law and order;

(xiii) That as a law abiding, peace loving and peaceful person who eschews violence in any form or manner as a way of expressing grievances and to underscore my confidence and commitment to the rule of law, I have instituted in court over 17 civil cases seeking redress against defamation of my person, enforcement of my fundamental human rights and other civil remedies against individuals, private entities and the state, some of which are as follows:-