The High Court of the Federal Capital Territory, Abuja, has dismissed a preliminary objection by Senator Ita Enang to the defamation suit filed against him by the immediate-past Akwa Ibom Governor, Udom Emmanuel.
Udom, through his attorney Ekerete Udoh, sued Enang in 2019 for an allegedly defamatory statement made against him on a radion in Lagos
The former governor was unable to serve Enang with the writ of summons in the suit CV/2058/2019 within the six-month duration allowed.
Udom, through his lawyer, Dr Charles Mekwunye (SAN), filed an ex-parte application for its renewal, which was granted by Justice Olukayode Adeniyi.
Enang filed a preliminary objection challenging the competence of the suit and the court’s jurisdiction to hear the matter.
Through his lawyer, Ntufam Ukweni (SAN), he argued that the initial writ of summons having expired, there was no longer a substantive suit before the court warranting it to assume jurisdiction to rule on Udom’s ex-parte application.
Enang also argued that Udom wrongfully filed the suit through Udom, that he did not join the radio station and that the entire suit did not disclose any course of action.
Ruling, Justice Adeniyi dismissed all his grounds of objection.
He agreed with Mekwunye that a Writ that has not been served at the expiration of its life span is not void but merely ceases to be in force and as such remains valid until renewed.
Justice Adeniyi held: “I must disagree with the submissions of the senior learned counsel for the defendant that the order made renewing the lifespan of the expired Writ was made without jurisdiction or that the Writ was dead as it were
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