The Federal High Court in Abuja has elected to hear a N1.5billion defamation suit brought against the Attorney General of the Federation (AGF) by former Governor of Akwa Ibom State, Victor Attah.
Justice Emeka Nwite, in a ruling, dismissed the preliminary objection raised by the AGF, challenging the court’s jurisdiction to hear the case.
In the ruling delivered on Tuesday, Justice Nwite upheld the argument by plaintiffs lawyer, Dr. Reuben Atabo (SAN) that the subject of the case falls within the scope of the court’s jurisdictional competence as provided in Section 251 of the constitution.
The judge noted that the suit was informed by the action of the AGF, “which emanated from the administrative action and decision of the federal government to retry the plaintiff for a crime which he was earlier charged, tried, discharged and acquitted in respect of money laundry, conspiracy and abuse of office,” and in relation to which the AGF granted an interview that was published in national dailies, and prompting the plaintiff to sue.
“In the light of the above, I must say that the argument of the learned counsel to the defendant/applicant (the AGF, which is listed as the sole defendant) is misconceived.
“The main crux of the matter is not one pertaining to tort only; rather, it is one seeking declaratory reliefs as well as to stop the prosecution of the plaintiff for the second time.
“The authority relied on by the learned counsel to the defendant/applicant is of no moment as it is distinguishable from the instant case.
“In the fight of the above, I am of the humble opinion that Section 251(1)(r) is applicable in this case and has vested this honourable court with the jurisdiction to hear and determine the instant suit. The application of the defendant is hereby dismissed,” Justice Nwite held.
The judge adjourned till October 16 for hearing of the substantive suit.
In the suit, marked: FHC/ABJ/CS/646/2018, the Ex-governor claimed that the immediate past AGF, Abubakar Malami, in 2016 named him among some ex-governors to be prosecuted by the National Prosecution Coordination Committee (NPCC), for alleged corruption.
Attah stated in his witness statement, that as a result of the pronouncement by the AGF, which was published in the media, the Specialist Crimes Directorate (SCD) and the Metropolitan Police (MP) of the United Kingdom placed him on its watch list of corrupt governors of Nigeria, facing corruption charges.
Attah is claiming N1.5b in general, exemplary and aggravated damages.
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