By Sylvia Akpan
A High Court of the Federal Capital Territory sitting in Apo, Abuja, and presided over by Justice B. Abubakar has adjourned a civil defamation suit filed by Mrs. Elizabeth Alami Ayade, sister-in-law to former Cross River State, Governor, Senator Ben Ayade to October 22nd and 23rd, 2024.
Mrs. Alami had approached the Court in September 2022 in suit No: FCT/HC/CV/3303/2022 seeking millions of Naira in damages over a Facebook post written by Nigerian journalist and Human Rights Activist, Citizen Agba Jalingo, querying why the suspended lecturer in the University of Calabar (UNICAL), Paschal Aboh Esq was facing trial for allegedly impersonating a student at the Bwari Campus of the Nigerian Law School, Abuja.
At the resumption of sitting on Wednesday, July 17, 2024, the defense opened it’s case with the first defendant, Agba Jalingo docked and cross-examined.
Adebayo Lion Ogorry, a witness for the defendants who was subpoenaed was called for his testimony but the claimant’s counsel, Uyi Obayagbona Esq, objected that he is supposed to front-load his testimony on oath. His argument was countered by the defendant’s counsel, First Baba Isa, Esq. who based his argument on two Court of Appeal judgments.
The Judge adjourned the case to Thursday (today) July 18, 2024, to enable him study the ruling.
At the commencement of the proceeding on Thursday, Justice Abubakar ruled that the subpoena is not supposed to have his testimony on oath, validating the defendants stand.
Mr. Lion was, however, cross-examined by the claimant counsel – Uyi Obayagbona Esq. The case was subsequently adjourned to October 22nd and 23rd, 2024 for cross-examination.
The Case
Mrs. Ayade had in July 2022, through her lawyer, Mr. Obayagbona Esq written to Citizen Jalingo seeking a retraction of an article that queried why Mr. Aboh Esq was facing trial for impersonating a student of the Nigerian Law School, Abuja campus while the person who allegedly contracted him (Mrs. Ayade) was walking free.
She asked for an apology to be published in two national dailies, including, but not limited to Facebook, Instagram, and Cross River Watch (not CrossRiverWatch) as well as NGN 500 million in damages. He was given fourteen days to comply otherwise legal proceedings will be instituted against him.
However, Police from the FCT Command on August 19, 2022, stormed the Ogudu, in Lagos State residence of Citizen Jalingo, and arrested him, several hours after holding his wife and daughter hostage.
He was subsequently detained at the Alapere police station and later, at Area F Command in Ikeja before he was flown to Abuja the next day where it was revealed that Mrs. Ayade had abandoned the civil approach and rather petitioned him for allegedly defaming her character.
He was released later that night and when asked to return two days later on August 22nd, was asked to go back to Lagos since Mrs. Ayade failed to show up.
But, news filtered in, in January 2023, that the Police abandoned the criminal defamation case and opted to sue Citizen Jalingo for alleged cyber crimes.
Also, the civil proceedings secretly filed in September 2022 at the High Court of the FCT, including the hearing notice, were served by substituted means at the gate of Hit 95.9 FM Calabar where Mr. Jalingo is not a staff.
He was discharged and acquitted of the Criminal matter brought before Justice Justice Joyce Abdulmalik of the Federal High Court sitting in Abuja, the Federal Capital Territory
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