The Federal Capital Territory, Chief Magistrate’s Court sitting in Abuja has struck out a criminal defamation suit filed by Adebimpe Audullahi, wife of a Lagos-based property developer, Ibile, against popular Nollywood actress, Elizabeth Anjorin, popularly known as Lizzy Anjorin, for “being incompetent and lacking in merit.”
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In a ruling delivered by Magistrate Sunday Adukwu, the court not only struck out the suit marked CR/25/2025 but also awarded the sum of N50,000 costs against the complainant, Audullahi.
The magistrate, who delivered the ruling on February 3, 2026, upheld a preliminary objection filed by Anjorin, challenging the competence of the suit and the court’s jurisdiction to entertain it.
Audullahi had instituted the criminal complaint against Anjorin and one Shakira Ayobami through her counsel, Yakubu Eleto, accusing them of criminal defamation, acts likely to breach public peace, and the presentation of false, malicious and defamatory statements.
However, counsel to the defendants, A. U. E. Ogboi, urged the court to dismiss the suit, arguing that it was procedurally defective and that the court lacked jurisdiction to hear it.
In their objection, the defendants raised the sole issue of “whether, given the circumstances of this case, the court has the powers to entertain the direct criminal complaint in CR/25/2025.”
In response, the complainant raised multiple issues, including whether the criminal summons was incompetent on grounds that the complaint was defective, the affidavit of urgency was not based on facts, the application for service outside jurisdiction was made under civil procedure rules, and that the Administration of Criminal Justice Act 2015 does not permit counsel to serve criminal summons.
After reviewing arguments from both sides and citing relevant legal authorities, Magistrate Adukwu resolved all issues in favour of Lizzy Anjorin.
Delivering the ruling, the magistrate held that the complaint violated clear provisions of the ACJA.
“The direct criminal complaint before the court is absolutely incompetent on several fronts,” Adukwu said.
He explained that Section 80(4) of the ACJA, 2015 requires a complainant to file a single complaint for one offence at a time, noting that the complainant bundled multiple offences into one process.
“The complainant filed her complaint against the defendants for criminal defamation, acts and conduct likely to breach public peace, and presentation of false, malicious and defamatory statements. This disqualifies the entire process,” the magistrate ruled.
The court also faulted the suit on jurisdictional grounds.
“Both the complainant and the defendants are residents of Lagos and not the FCT. This erodes the jurisdiction of this court to hear and determine the complaint,” Adukwu stated.
“On the whole the entire argument of the complainant/respondent counsel cannot stand the weight of legal scrutiny but must as a matter of law fall under the abuse of court process and gross procedural irregularities.
“It is common knowledge in law that you cannot put something on nothing. There are certain irregularities which the court may condone on grounds of doing substantial justice to the cause of the parties; but certainly not one with such a shaky foundation, irreconcilable loopholes and clear misunderstanding of the provisions of ACJA such as is represented in the instant case,” he said.
“Consequently, the direct criminal complaint is hereby struck out for incompetence and irredeemable gross irregularities, with a cost of N50,000 awarded against the complainant,” the magistrate held.
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