N5bn libel suit: Court dismisses Edo APC chairman’s application
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Counsel to Imuse, Austin Osarenkhoe, had argued that the claimant in filing the Originating Processes, failed to comply with Order 3 rule 3 of the Edo State High Court Procedure Rules.
By Jethro Ibileke
An application filed by the chairman of the All Progressives Congress (APC), Edo State chapter, Mr. David Imuse, seeking to strike out a N5 billion libel suit instituted against him by Akwa-Ibom State Resident Electoral Commissioner, Mr. Mike Igini, was on Monday dismissed by a Benin City High Court.
Joined in the suit are African Newspapers of Nigeria Plc (publishers of the Tribune titles of newspapers) and The Sun Publishing Limited (publishers of the Sun titles of newspapers.)
Counsel to Imuse, Austin Osarenkhoe, had argued that the claimant in filing the Originating Processes, failed to comply with Order 3 rule 3 of the Edo State High Court Procedure Rules.
But, the trial Judge, Justice Vesty Eboreimen, in her ruling, said having considered the issue raised and the authorities cited, it could be addressed during the hearing of the suit.
She noted that the applicant’s motion was a deliberate attempt to delay hearing of the suit, and that in bringing the application, the applicant also failed to comply with Order 22 of the Edo State High Court Procedure Rules, adding “It is a case of kettle calling pot black”.
The Judge who adjourned the case to March 30, 2022, for hearing, ordered the Claimant to regularize his claims and the applicant to file his defence within seven days.
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