An Edo State High Court, on Monday in Benin, turned down an application filed by the Edo State chairman of the All Progressives Congress, APC, David Imuse, a medical doctor and retired army colonel, seeking to strike out a ₦5 billion libel suit instituted against him by Akwa-Ibom State Resident Electoral Commissioner, Mike Igini. Imuse’s Counsel, 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.
Dismissing the application, the presiding judge, Justice Vesty Eboreimen, 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. She described it as “a case of pot calling kettle black”.
Eboreime, therefore, ordered the claimant to regularize his claims, and the applicant to file his defence within seven days, and adjourned the case to March 30, 2022 for hearing. 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.