TheNewsGuru

Tag: Libel Suit

  • Appeal Court orders FCMB to deposit N540m damages in Prophet Omale’s libel suit

    Appeal Court orders FCMB to deposit N540m damages in Prophet Omale’s libel suit

    The Court of Appeal, Abuja has ordered the First City Monument Bank (FCMB) to pay the sum of N540 million damages awarded against it for alleged defamation of Prophet Emmanuel Omale and his wife, Deborah.

    Justice Yusuf Halilu of a Federal Capital Territory (FCT) High Court had, in a judgment on Oct. 4, 2022, awarded the sum against FCMB.

    Justice Halilu held that the bank recklessly breached the duty of care it owe to Omale of the Divine Hand of God Prophetic Ministry, his wife and the church.

    The judge agreed that the bank made a false claim that former Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu paid N573 million to the church’s account.

    Meanwhile, the Court of Appeal, in a ruling on Feb. 1, rejected FCMB’s request for a stay of execution of the judgment pending the determination of its appeal, as prayed in a motion on notice it filed.

    Instead, a three-member panel presided over by Justice Muhammed Shuaibu, granted a conditional stay of the execution of the judgment by ordering the bank to pay the judgment sum of N540 million into an interest yielding account in the name of the court’s chief registrar.

    In an enrolled copy of the ruling sighted on Sunday, the appellate court said: “The application is granted as prayed in terms of the first  prayer in the appellant’s  motion filed on March 3, 2022.

    “Consequently, conditional stay of execution of the judgment is hereby granted to the appellant.”

    According to the appellate court, the condition being that the judgment sum shall be deposited into an interest yielding bank account of the court to be opened by the chief registrar of this court within 48 hours of the grant of this order.

    The panel then adjourned further hearing till a date to be communicated to parties by the court’s registry.

    The conditional stay granted by the Court of Appeal was alternatively conceded by the respondents; Omale, his wife and the church, in their counter affidavit to the appellant’s motion, which  they had actually sought to be dismissed.

    The Oct. 4 judgment by Justice Halilu was on a defamation suit marked: FCT/HC/CV2541/2020 filed by Omale, his wife and the church against the bank.

    During the investigation of Magu by the Justice Isa Salami-led presidential investigation panel, it was reported that an investigation by the Nigerian Financial Intelligence Unit (NFIU) revealed that the ex-EFCC chairman paid N573 million into Omale’s church’s account with which a property was allegedly bought in Dubai, the United Arab Emirates (UAE).

    Justice Halilu, in the judgment noted that evidence before his court showed that the bank admitted error in its report, to the NFIU, of entries in Divine Hand of God Prophetic Ministry’s account.

    The judge further noted that the bank claimed that the purported N573 million was wrongly reflected as credit entry in Divine Hand of God Prophetic Ministry’s account by its reporting system, which it recently upgraded.

    The judge noted that the bank admitted the error, which occasioned incalculable damage to the reputation of the claimants both within and outside the country.

    He held that the claimants provided sufficient evidence to establish case of negligence against the bank.

    Justice Halilu proceeded to award N200 million as aggravated damages; N140,500,000 as specific damages and N200 million as general damages.

  • N5bn libel suit: Ex-Edo APC campaign spokesman seeks out of court settlement with Akwa Ibom REC Igini

    N5bn libel suit: Ex-Edo APC campaign spokesman seeks out of court settlement with Akwa Ibom REC Igini

    Former spokesman of the Edo State All Progressives Congress (APC) Media Campaign Council in the September 19 Governorship election, Mr John Mayaki has sought an out of court settlement in the N5 billion libel suit instituted against him by the Resident Electoral Commissioner (REC) in charge of Akwa-Ibom State, Mr Mike Igini.

    ‎When the case was mentioned on Wednesday at the Benin High Court, counsel to Mayaki, Austin Osarenkhoe, informed the court that his client had reached the plaintiff (Mr Igini) to opt for settlement and sought for the adjournment of the matter to enable the parties to settle the matter out of court.

    With the concurrence of Igini’s counsel, Christian Omatsone, the presiding Judge, Justice V. O Oviawe, adjourned the suit to June 21, 2021, for a report of settlement.

    TheNewsGuru.com, TNG reports that‎ Igini had instituted the action, following publications that alleged that he had a secret meeting with Governor Godwin Obaseki with a plot to rig the September 19, 2020 Governorship election.

    The REC described the allegation as malicious, reckless, mischievous and with intent to destroy his hard-earned reputation, adding that the suit was a result of the failure of the defendant to comply with his protest letter dated August 31, 2020, demanding the retraction of the said publications.

    He prayed the court for a perpetual injunction restraining the defendants, their agents, privies and or servants howsoever called from further publishing same or similar words defamatory against him.

    He said he has the permission of the authorities of the Independent National Electoral Commission (INEC) to maintain the suit and vindicate his name.

  • N5bn libel suit: Magu closes case against Sun newspaper

    N5bn libel suit: Magu closes case against Sun newspaper

    The Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Mr Ibrahim Magu, has closed his case in the N5 billion libel suit he filed against the publishers of the Sun newspaper.

    The News Agency of Nigeria (NAN) reports that during Thursday’s proceedings, Magu’s counsel, Mr E. O. Omoijaede, informed the court that the claimant (Magu) had presented two witnesses and would want to close his case.

    “This case was adjourned for continuation of trial. However, we will be applying that my lord closes the case for the claimant.

    “We will be requesting for a date for the defendants to open their case,” Omoijaede said.

    Mr Charles Ewelunta, counsel to the respondents, expressed dissatisfaction at the development.

    “The claimant’s counsel should have closed the case instead of wasting everyone’s time. I am supposed to be out of town at an election petition tribunal.

    “I have been sitting here just for them to say they are closing their case. I will be asking for a cost of N50,000,” Ewelunta said.

    Responding, Omojiade said that the publishers of the Sun newspaper should save time by opening their case immediately.

    “From our end, we are even helping the defendant by closing our case especially as they are in a hurry to open their case.

    “We have already called two witnesses. If their own witnesses are in court, they should open their case,” he said.

    Justice Doris Okuwobi, refused Omoijaede’s request for N50,000 cost against Magu’s legal team, saying that the suit which was filed in 2017, had not suffered any delay caused by the team.

    “This case is adjourned till Sept. 17 for further hearing,” she said.

    NAN reports that Magu sued the publishers of the Sun, claiming N5 billion in damages over a publication that alleged that the Department of State Security uncovered two houses in Maitama, Abuja, which were traced to his wife.

    The EFCC boss is also demanding that the newspaper should publish an apology and retract the alleged libelous publication.

    Magu and Mr Usman Zakari, the Head of Intelligence and Special Operations Unit of the EFCC, gave evidence for the claimant.

    While giving evidence on April 18, Zakari said that he had worked closely with Magu but started to view him from a different perspective after reading the allegedly damaging publication.

    “I work with him closely, I know him very well. The claimant is an asset to the EFCC, he is a man of honour and integrity. Due to this publication, I don’t hold him in as high regard as before.

    “The claimant does not have any property out of the country. He has a house in Karo, a farmhouse in Karshi area of Abuja, and a family house in Maiduguri.

    “I have visited those three property; he does not have any property outside Nigeria; that publication falsely mentioned he owned two property in the high brow area of Maitama, Abuja,” Zakari said.

    In his evidence on Dec. 17, 2018, Magu denied owning two houses in Maitama, Abuja.

    He said:“The publication is totally false. Even if I have the money, I wouldn’t buy houses in Maitama.

    “They said the houses are located in the Darrubbe and Missouri, Maitama and that they belong to my wife.

    “My wife, Fatima Yakaka Magu, is a civil servant and cannot afford to buy houses in Maitama.

    “I am an international man and the publication has damaged my reputation. The name Magu does not end with me.

    “The publication caused a whole lot of trauma for my lineage.”

  • Court resumes hearing on N6bn libel suit against Dakuku Peterside

    A High Court in Port Harcourt has commenced hearing on the matter instituted by former Governor of Rivers State, Peter Odili against the Director General of NIMASA, Dakuku Peterside over allegations of slander and defamation.

    Counsel to Dakuku Peterside, Roland Otaru, a Senior Advocate of Nigeria had filed an application asking the court to set aside the suit against his client.

    Otaru SAN, said Peterside was not properly served the writ of summons therefore, he was denied the right to fair hearing.

    However, Chief Judge of Rivers state, Justice Iyaye Lamikanra who is presiding over the matter ruled that Dakuku Peterside was properly served.

    Justice Lamikanra asked the Defendants to pay the sum of forty thousand naira for cost.

    Roland Otaru spoke with newsmen on how the ruling of the court affected him, “We are affected by the ruling of the court because we feel that our client wad not served properly.

    “My client lives in a close and not a street. But the court has taken its decision. We don’t have a choice. We will only think of the next action to take but in the meantime we have started our cross-examination.

    Counsel to Odili, Kanu Agabi, SAN said the matter has stalled for too long. He accused the defendants of deliberately delaying the matter which he said was instituted since June, 2016.

    Former Governor, Peter Odili was cross-examined and the matter was adjourned to February 23rd for continuation of cross-examination.

    Former Governor Odili is asking for the sum of six billion naira in damages for alleged character defamation by Dakuku Pererside over his comments that he (Odili) played a role in the alleged bribery of Supreme Court Judges that gave judgement in favour of the Rivers state Governor, Nyesom Wike.