An Edo State High Court in Benin City on Monday dismissed an application filed by David Imuse, state chairman of the All Progressives Congress (APC) seeking to strike out a suit instituted by Mike Igini, resident electoral commissioner (REC) in charge of Akwa Ibom State.
Igini had filed a suit, with reference number B/555/2020, over alleged character defamation that occurred during the run-up to the September 19 Edo State governorship election, and demanded the sum of N5 billion as aggravated damages from the APC chairman.
At the resumption of hearing in Benin City, Austin Osarenkhoe, counsel to Imuse, had posited that the claimant, in filing the originating processes, failed to comply with order 3 rule 3 of the Edo State High Court procedure rules.
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But, Justice Vestee Eboreime, in her ruling, said the applicant’s motion was a deliberate attempt to delay the hearing of the suit.
The trial judge stated 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 the pot calling kettle black”.
She further said having considered the issue raised and the authorities cited, it could be addressed during the hearing of the suit.
Justice Eboreime, therefore, ordered the claimant to regularise his claims and the applicant to file his defence within seven days and adjourned the case to March 30, 2022, for hearing.
The other defendants 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.
