A defamation suit seeking N1.5 billion in damages has been brought against the Attorney General of the Federation (AGF) by former Akwa Ibom Governor, Victor Attah, and a Federal High Court in Abuja has decided to hear the case.
Justice Emeka Nwite, in a recent ruling, dismissed the AGF’s preliminary objection that challenged the court’s jurisdiction to hear the matter.
The court, in the ruling delivered on Tuesday, upheld the argument presented by the plaintiff’s lawyer, Dr. Reuben Atabo (SAN), who asserted that the subject of the case falls within the scope of the court’s jurisdictional competence as provided in Section 251 of the Constitution.
The judge noted that the suit was informed by the action of the AGF, “which emanated from the administrative action and decision of the Federal Government to retry the plaintiff for a crime which he was earlier charged, tried, discharged and acquitted in respect of money laundry, conspiracy and abuse of office,” and in relation to which the AGF granted an interview that was published in national dailies, and prompting the plaintiff to sue.
“In light of the above, I must say that the argument of the learned counsel to the defendant/applicant (the AGF, which is listed as the sole defendant) is misconceived.
“The main crux of the matter is not one pertaining to tort only; rather, it is one seeking declaratory reliefs as well as to stop the prosecution of the plaintiff for the second time.
“The authority relied on by the learned counsel to the defendant/applicant is of no moment as it is distinguishable from the instant case.
“In the fight of the above, I am of the humble opinion that Section 251(1)(r) is applicable in this case and has vested this honourable court with the jurisdiction to hear and determine the instant suit. The application of the defendant is hereby dismissed,” Justice Nwite held.
The judge adjourned the case until October 16 for a hearing of the substantive suit.
In this lawsuit, labeled as FHC/ABJ/CS/646/2018, the former Governor claimed that the immediate past AGF, Abubakar Malami, in 2016, included him among some ex-Governors to be prosecuted by the National Prosecution Coordination Committee (NPCC) for alleged corruption.
According to Attah’s witness statement, as a result of the AGF’s pronouncement, which was published in the media, the Specialist Crimes Directorate (SCD) and the Metropolitan Police (MP) of the United Kingdom placed him on their watch list of corrupt governors of Nigeria facing corruption charges.
The ex-Governor is seeking several remedies from the court, including an order for the AGF to apologize to him and publish the apology in three national dailies to retract the alleged defamatory statement.
He also requests an order compelling the AGF to communicate with the Specialist Crime Directorate of the UK, clarifying that he is not among the ex-governors facing corruption charges.
In addition to these requests, Attah is claiming N1.5 billion in general, exemplary, and aggravated damages as part of the suit.
