From Tony Osauzo, Benin
An Edo State High Court in Benin, yesterday, dismissed an application filed by the Edo State chairman of the All Progressives Congress (APC), Col. David Imuse (rtd), seeking to strike out a N5 billion libel suit instituted against him by Akwa-Ibom State Resident Electoral Commissioner, Mr. 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.
But in her ruling, the trial 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, adding “It is a case of pot calling kettle black”.
The Judge, 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 Newsppers and The Sun Publishing Limited, publishers of the Sun titles of Newspapers.