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Court Awards Million Naira Cost Against FGN In Chibok Defamation Lawsuit

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HIGHLIGHTS

– CHIBOK DEFAMATION CASE: COURT AWARDS COSTS AGAINST GOVT FOR THIRD STRAIGHT TIME FOR TARDY DEFENSE

– GOVT LAWYERS HAD CLAIMED LAWSUIT IN WHICH THEY HAVE APPEARED SINCE 2017 WAS ONLY SERVED ON THEM IN 2018


A High Court of the Federal Capital Territory has ordered the Nigerian Government to pay costs to international human rights lawyer Emmanuel Ogebe following the motion of the Federal Government to file its defense out of time in a defamation lawsuit brought by Ogebe against them.

Delivering his Ruling today, the presiding judge, Hon. Justice AB Mohammed said the government’s latest application for extension of time was contested by the Plaintiff’s David Ogebe as “shopping for reasons” and producing “new sets of facts” as to why the government delayed.

He raised a solitary issue
as to whether credible and cogent reasons were given and argued otherwise.

The court noted that the government appeared 17 months earlier than they claimed they were served and that the plaintiff closed his case on May 31st 2018 after the defendants cross examined him & discovering the entirety of his case.

The judge said records showed a Sept 25 2018  motion to file a defense although the AGF had already filed defense since April 2017 which was only withdrawn in Dec 2018.

Despite all the anomalies and irregularities, the court said it was “reluctant to shut out the defendants” and the court “can’t close its eyes” to their defense citing the Latin maxim Audi alteram patem and S33 CFRN.

Consequently, the court
allowed the government to file its defense late.

Counsel for the plaintiff Godwin Abarike, ESQ requested 1 million naira in costs since the “Plaintiff is mandated to return from USA to continue trial. It is only natural that costs follow the event.”

Ruling on his application for costs, Justice Mohammed said that the AGF was absent from court with no excuse even though the Plaintiff Emmanuel Ogebe traveled all the way from the USA.

He said the court must “balance the scale of justice.”
He awarded 1 Million naira cost to Mr Emmanuel Ogebe against the Federal Government.

This is the third consecutive time costs have been awarded against the FGN for their tardy defense. No counsel from the AGF’s office was present in court.

The case was adjourned to April 16 for the government’s defense in the FCT High Court Gudu, Abuja.

EMMANUEL OGEBE
US NIGERIA LAW GROUP

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