Public digest of proceedings of 3
epic and shocking legal suits unfolding in Nigeria Court rooms -
FCT/HC/CV/4016/12, FCT/HC/CV/4017 & NICN/ABJ/106/2013
Background
to the Cases:
On June 11th, 2012, Mr. Julius Kofi Manu mandated his lawyers to write to Alhaji (Dr) Obatoyinbo and his wife Iyabo Obatoyinbo for overdue payment of services rendered to the couple and their business in the UK and in Nigeria.
In response the couple via their lawyer Dr. Francis Omotayo Oni wrote to Mr. Manu in a letter dated 20th June 2012, denying any consultancy services rendered to them or their business and further alleged that Mr. Manu only came to lodge in their Hotel and run away without paying his bills, and as well stole their valuable worth 600 Million Naira and threatened Mr. Manu with the Nigeria Police. This was followed by threatening telephone calls from people associated with the couple.
Mr. Manu responded with a detailed 27 page letter to the couple via his solicitors and annexed to his solicitors letter dated 25th June 2012. In view of the threats to his life, Mr Manu instructed his lawyers in Ghana to notify his High Commission. Meanwhile a journalist, Justice Lee, who had wind of the story had it published, as can be read here: http://www.ghanaweb.com/GhanaHomePage/diaspora/artikel.php?ID=243201
The legal battle ensued:
On June 11th, 2012, Mr. Julius Kofi Manu mandated his lawyers to write to Alhaji (Dr) Obatoyinbo and his wife Iyabo Obatoyinbo for overdue payment of services rendered to the couple and their business in the UK and in Nigeria.
In response the couple via their lawyer Dr. Francis Omotayo Oni wrote to Mr. Manu in a letter dated 20th June 2012, denying any consultancy services rendered to them or their business and further alleged that Mr. Manu only came to lodge in their Hotel and run away without paying his bills, and as well stole their valuable worth 600 Million Naira and threatened Mr. Manu with the Nigeria Police. This was followed by threatening telephone calls from people associated with the couple.
Mr. Manu responded with a detailed 27 page letter to the couple via his solicitors and annexed to his solicitors letter dated 25th June 2012. In view of the threats to his life, Mr Manu instructed his lawyers in Ghana to notify his High Commission. Meanwhile a journalist, Justice Lee, who had wind of the story had it published, as can be read here: http://www.ghanaweb.com/GhanaHomePage/diaspora/artikel.php?ID=243201
The legal battle ensued:
Now, Alhaji Obatoyinbo denying that
the Hotel - Q-Palace Hotel, Maitama, Abuja, belongs to him; the hotel in its
name instituted the action FCT/HC/CV/2012 against Mr. Kofi Manu claiming 113
Million Naira (about USD 712,278) in hotel bills against Mr. Manu. The bill tendered in their suit shows
Q-Palace Hotel rates per night at 55,500.00, 62,500.00 Naira and 75,000.00
Naira. They also presented laundry bill
per day averaging 67,886.30, 83,511.11 Naira for 2010 and 2011; and 9,627.66
per day for 2009. Mr. Manu declines any
liability for the said hotel bills. He contest, first and foremost, that he was
lodged there by the owner of the hotel – Alhaji Abdulganiyu Obatoyinbo as part
of the agreement for his consultancy services as a foreign consultant hired
from the United Kingdom. He states further in his pleadings before the
National Industrial Court that the plaintiffs’ claims as in the suits FCT/HC/CV/4016/12
and FCT/HC/CV/4017 are portrayal of their
rabid criminality.
Ad seriatim, suit FCT/HC/CV/4017/2012 is filled by Alhaji (Dr.) Abdulganiyu Obatoyinbo for defamation, claiming in damages 100 Million Naira (USD 630, 334).
Mr. Manu filled his response and counterclaim to the suit, demanding his fees of 212, 921, 444.40 Naira as per his original invoice. In the course of the proceeding he withdrew his counterclaim and filled it at the National Industrial Court of Nigeria which has jurisdiction to hear it. The suit NICN/ABJ/106/2013 is pending before his Lordship, Hon. J. T. Agbadu-Fishim Court 4, National Industrial Court of Nigeria, Abuja.
Meanwhile the suit FCT/HC/CV/4017/2012 before Hon. Justice Ogochukwu A. Ogakwu has concluded, after 9 months of the case commencing. The erudite and most respectful trial judge held: "the plaintiff's action is totally lacking in merit. The same fails and it is hereby dismissed."
The Case FCT/HC/CV/4017/2012 was to be "the Thrilla in Nigeria" but turned out to become something else. From peripheral analyzes, it was obvious that the institution of the action is a classic case of a SLAPP (Strategic Law Suit Against Public Participation); intended to intimidate, irritate, inconvenience, cause annoyance, and to waste the time and resources of the Defendant.
It was also a coward attempt to silence or gag a whistleblower but the artifice boomeranged. Confronted with the frontloaded monumental evidence in the Defendant's response to the suit, it seemed the Plaintiff lost his nerves and the entire tool box, and bumbled his way out by resulting to flimsy and mediocre shenanigans. He abandoned the issue and recoiled into the shadows, conveniently failed to produced the evidence he sort to rely on and equally failed to lead evidence in support of his claims.
In the proceedings the chief Obatoyinbo admitted that “facts are not defamatory “adding that “but obviously lies are defamatory; an accurate yardstick, therefore, analyze his claim. Another took to evaluate the validity of the plaintiff’s claim is honesty, truthfulness and trustworthiness as to his demeanor and of the assertion of his claim. He who comes to equity must come with clean hands. It’s a firmly established principle in law that: “litigation is not the children’s game of hide and seek. It is not a game of smartness. It is not a game of artifice or cunning display of a smart conduct designed to overreach or outsmart the adverse party. On the contrary, litigation is a decent open and not a deceitful process of making and defending claims in court of law. HRH Igwe G.O Uneonusulu Umeanadu V. Attorney General of Anambra State & Anor. (2008) 3 SCNJ 59 (Nigerian cited case; ref: Digest of Judgments of the Supreme Court of Nigeria vols. 1 & 1, para.1967).
Ad seriatim, suit FCT/HC/CV/4017/2012 is filled by Alhaji (Dr.) Abdulganiyu Obatoyinbo for defamation, claiming in damages 100 Million Naira (USD 630, 334).
Mr. Manu filled his response and counterclaim to the suit, demanding his fees of 212, 921, 444.40 Naira as per his original invoice. In the course of the proceeding he withdrew his counterclaim and filled it at the National Industrial Court of Nigeria which has jurisdiction to hear it. The suit NICN/ABJ/106/2013 is pending before his Lordship, Hon. J. T. Agbadu-Fishim Court 4, National Industrial Court of Nigeria, Abuja.
Meanwhile the suit FCT/HC/CV/4017/2012 before Hon. Justice Ogochukwu A. Ogakwu has concluded, after 9 months of the case commencing. The erudite and most respectful trial judge held: "the plaintiff's action is totally lacking in merit. The same fails and it is hereby dismissed."
The Case FCT/HC/CV/4017/2012 was to be "the Thrilla in Nigeria" but turned out to become something else. From peripheral analyzes, it was obvious that the institution of the action is a classic case of a SLAPP (Strategic Law Suit Against Public Participation); intended to intimidate, irritate, inconvenience, cause annoyance, and to waste the time and resources of the Defendant.
It was also a coward attempt to silence or gag a whistleblower but the artifice boomeranged. Confronted with the frontloaded monumental evidence in the Defendant's response to the suit, it seemed the Plaintiff lost his nerves and the entire tool box, and bumbled his way out by resulting to flimsy and mediocre shenanigans. He abandoned the issue and recoiled into the shadows, conveniently failed to produced the evidence he sort to rely on and equally failed to lead evidence in support of his claims.
In the proceedings the chief Obatoyinbo admitted that “facts are not defamatory “adding that “but obviously lies are defamatory; an accurate yardstick, therefore, analyze his claim. Another took to evaluate the validity of the plaintiff’s claim is honesty, truthfulness and trustworthiness as to his demeanor and of the assertion of his claim. He who comes to equity must come with clean hands. It’s a firmly established principle in law that: “litigation is not the children’s game of hide and seek. It is not a game of smartness. It is not a game of artifice or cunning display of a smart conduct designed to overreach or outsmart the adverse party. On the contrary, litigation is a decent open and not a deceitful process of making and defending claims in court of law. HRH Igwe G.O Uneonusulu Umeanadu V. Attorney General of Anambra State & Anor. (2008) 3 SCNJ 59 (Nigerian cited case; ref: Digest of Judgments of the Supreme Court of Nigeria vols. 1 & 1, para.1967).
In his final written address chief
Obatotoyinbo (the plaintiff) argued: “To
write and published against a person who is a prince, who has several
chieftaincy titles to his credit, a member of the National Institute (Mni), a
Ph.D. holder…cannot be anything but defamatory. Mr Manu in response argued that the
plaintiff’s view is nothing more than his own opinion of himself.
It would seem from the plaintiff’s
view candidly expressed in his argument that he was absorbed in self-conceitedness. A man who thought, it would seem, could hurl
mud at another from his illusionary ivory tower without soaring his white brocade
or without expecting some mug slung back at him. It further depicts a man who steps on
another’s testicles and seek to prevent his victims from bawling for dear life.
The entire judgment can be read here
but before reading the judgment you ought to have familiarized yourself with
the facts which will be appended for your digestion. http://www.fcthighcourt.gov.ng/?wpfb_dl=2813
The suit FCT/HC/CV/4016/2012 has taken on melodramatic characterization, which will be made available here.
The suit NICN/ABJ/160/2013, before Hon. Justice J. T. Agbadu-Fishim scheduled to commence hearing on 17 February 2014 has been adjourned to 16 April 2014.
The suit FCT/HC/CV/4016/2012 has taken on melodramatic characterization, which will be made available here.
The suit NICN/ABJ/160/2013, before Hon. Justice J. T. Agbadu-Fishim scheduled to commence hearing on 17 February 2014 has been adjourned to 16 April 2014.
More wearisomely is paragrahs 68 and 69 of Mr Manu's statement of claim/facts, which states as follows:
Paragraph 68: The
Complainant/Plaintiff swiftly state that the Nigeria Police from the force
Headquarters Abuja were viciously searching all nook and crannies for him to
the extent of going further to threatening his former lawyer and ICPC officers
who were looking into the matter to thwart the cause of investigation until
when his present solicitors James Attah Adokwu & Co wrote to the inspector
General of police to desist from a civil matter and a sham complaint by the 1st
Defendant. The letter to the inspector General of police dated 3/10/2012 is
hereby pleaded:
Paragraph 69: In furtherance to the Complainant/Plaintiff’s averment, he makes haste to clearly state that he has, since his solicitors James Attah Adokwu & Co wrote to the inspector General of police to investigate those police officers in connivance with the 1st Defendant in committing unlawful act; and since the commencement of hearing of the two sham and shameful suits filed by the 1st and 6th Defendants, he has been confronted by 3 episodes of attack by gunmen and cannot rule them out as unconnected to the evil and heinous orchestrations of the 1st and 2nd Defendants and their agents.
The main highlights of the cases will be reproduced here and you can engage in the altercation publici.
NB: All information published here are those already in the public domain and or in the records of the courts, except where personal opinion is expressed and clearly so indicated.
Paragraph 69: In furtherance to the Complainant/Plaintiff’s averment, he makes haste to clearly state that he has, since his solicitors James Attah Adokwu & Co wrote to the inspector General of police to investigate those police officers in connivance with the 1st Defendant in committing unlawful act; and since the commencement of hearing of the two sham and shameful suits filed by the 1st and 6th Defendants, he has been confronted by 3 episodes of attack by gunmen and cannot rule them out as unconnected to the evil and heinous orchestrations of the 1st and 2nd Defendants and their agents.
The main highlights of the cases will be reproduced here and you can engage in the altercation publici.
NB: All information published here are those already in the public domain and or in the records of the courts, except where personal opinion is expressed and clearly so indicated.
