Stephen Ukandu, Umuahia
Abia State High Court sitting in Umuahia, Tuesday, commenced pre-trial hearing, on the N1.5 billion defamation suit filed by a former Governor of the state, Senator Theodore Orji, against his kinsman and a chieftain of the All Progressives Congress, APC, Prince Benjamin Apugo.
Senate Orji dragged Apugo to court in 2020, following an alleged defamatory remarks the APC Board of Trustees (BoT), member made against the former Governor during a live radio programme.
Apugo had accused the former Governor of looting the state’s funds during his tenure as the State’s Chief Executive.
Meanwhile, when the matter came up for hearing on Tuesday, Counsel to both parties while responding to an inquiry by the presiding Judge, Justice A. O Chijioke, told the Court that they were ready for pretrial hearing.
However, the court adjourned shortly afterwards following the non-availability of the First Defendant’s statement of defense in the court file.
The Plaintiff’s Counsel, Chief Henry Balogu, had, however, admitted he had been duly served.
Continuation of pretrial was adjurned till June 5th to enable the court locate and study the missing document which the Counsels described as administrative lapse of the court registry.
Speaking with newsmen later, the First Defendant’s Counsel, Oliver Amuzie, said his client was not denying the said defamatory remarks he allegedly made against the former Governor, claiming “it was a fair comment.”
The Counsel claimed that his client had newspaper publications to back up his allegations.
In a separate interview, Orji’s lead Counsel, Mr Balogu, said that the admittance of the allegation by the First Defendant’s Counsel, meant that they had equally admitted its defamatory nature.
He said the onus was on the Defendant to provide evidence that the Plaintiff had been convicted of any financial fraud or embezzlement of public funds by a court of competent jurisdiction.
“The allegation is criminal in nature, and the implication is that he has to show proof that truly, the Plaintiff has been tried and found guilty by a court of competent jurisdiction.
“Note that standing trial for offense does not amount to commission of a crime, and the fact remains that the Plaintiff has not been convicted by any court both in Nigeria and outside the country,” Orji’s lawyer thundered.
Balogu described the allegations as “false and malicious remarks” which he said, were injurious to the personality of his client.
“We are in court because of this defamatory remark that was a material false message that caused my client injury to his person, reputation and was intended to diminish his status as a political leader, former Governor and former Senator.”
Senator Orji who was the immediate past Senator representing Abia Central was the Governor of Abia State from 2007 to 2015.
