A High Court in Uyo, Akwa Ibom State capital on Wednesday set aside its earlier judgment which awarded N1.5 billion in favour of Akwa Ibom State Governor, Udom Emmanuel, over a libel suit.
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Mr Emmanuel had sued Leo Ekpenyong, a lawyer, for defamation of character over a publication in which he accused the governor of “buying judgment” from the 2019 National Assembly Election Tribunal.
The court, in its judgment, had ordered the defendant to pay N1.5 billion to the governor as general damages for libel.
In another defamation case, the court had ordered Mr Ekpenyong to pay N150 million as damages to a former senator, Effiong Bob.
Both judgments were given on December 15, 2020, by Justice Ekaette Obot who is now the chief judge of Akwa Ibom State.
A Lagos-based human rights lawyer, Inibehe Effiong, counsel to Mr Ekpenyong, challenged the two judgements, and successfully persuaded the court to set them aside.
Justice Obot noted that Governor Emmanuel and Mr Bob did not file any counter affidavit to oppose Mr Ekpenyong’s application.
She said for the interest of substantial justice, since Mr Ekpenyong had filed his defence in the two libel cases, it was important for the cases to be heard on merit, and that it would not be right to deny Mr Ekpenyong the opportunity of determining the case on merit.
The judge, therefore, granted an extension of time as requested by the lawyer, Mr Effiong, and also went ahead to set aside the two judgements.
The court earlier overruled Governor Emmanuel’s lawyer, Samuel Ikpo’s preliminary objection. The lawyer had argued that Mr Ekpenyong’s application was incompetent, having been brought outside the three months period stipulated by the law, and that the court lacks jurisdiction to extend such time.
Justice Obot admitted that the rules of court are meant to be obeyed. She, however, said the provision of Order 25 of the Akwa Ibom State High Court Civil Procedure, which the governor’s lawyer relied upon, was unconstitutional.
She said the provision violates the Nigerian Constitution which allows access to court and guarantees fair hearing.
Reacting to the judgment, Barr Inibehe Effiong said “Those who believe that once a governor has sued someone in court, the person that is sued cannot get justice should see today’s ruling as a reminder that the law is no respecter of persons”.
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