Former Akwa Ibom State Governor, Victor Attah, initiated legal actions with a ₦1.5 billion defamation suit against the Attorney-General of the Federation (AGF), and now, the case is heading to a Federal High Court in Abuja for hearing.
The courtroom witnessed a dismissal of the AGF’s preliminary objection by Justice Emeka Nwite, which upheld the court’s jurisdiction to proceed with the case.
According to reports, the plaintiff, Victor Attah, with legal representation from Dr. Reuben Atabo, SAN, has targeted the Attorney-General of the Federation (AGF) as the exclusive defendant in the lawsuit.
The ruling by Justice Nwite sided with the plaintiff’s attorney, Atabo’s position, substantiating that the case’s subject matter was well within the court’s jurisdictional competence, as outlined in Section 251 of the constitution.
The judge maintained that the case was prompted by the action of the AGF, ‘which emanated from the administrative action and decision of the Federal Government to retry the plaintiff for a crime which he was earlier charged, tried, discharged and acquitted.’
The lawsuit was centered on accusations of money laundering, conspiracy, and abuse of office. The catalyst for the plaintiff’s legal action was an interview given by the AGF to national newspapers, as reported, leading to the filing of the lawsuit.
‘In the light of the above, I must say that the argument of the learned counsel to the defendant/applicant (the AGF) is misconceived.’
‘The main crux of the matter is not one pertaining to tort only; rather, it is one seeking declaratory reliefs as well as to stop the prosecution of the plaintiff for the second time.’
‘The authority relied on by the learned counsel to the defendant/applicant is of no moment as it is distinguishable from the instant case.’
Read also: Nigerian Reps Move To Recover Ceded Bakasi Land To Cameroon
‘In the light of the above, I am of the humble opinion that Section 251(1)(r) is applicable in this case and has vested this honourable court with the jurisdiction to hear and determine the instant suit.’
‘The application of the defendant is hereby dismissed,’ Justice Nwite ruled.
In the case marked: FHC/ABJ/CS/646/2018, Africa Today News, New York, reports that the ex-governor claimed that the immediate past AGF, Abubakar Malami, implicated him as one of the ex-governors to undergo investigation by the National Prosecution Coordination Committee (NPCC) on allegations of corruption during the year 2016.
According to Attah’s witness statement, he stated that due to the AGF’s declaration, which received significant media coverage, he was placed on the watch list of corrupt Nigerian governors facing corruption charges by the Specialist Crimes Directorate (SCD) and the Metropolitan Police (MP) in the United Kingdom.
‘I left office of the Governor of Akwa Ibom State on the 29th day of May, 2007 and the only allegation made against me and my government were the of allegations of money laundering concerning the sale of Akwa Ibom’s shares in Econet by the Akwa Ibom Investment and Industrial Promotion Council (AKIIPOC) and African Development Fund Inc and I have been cleared of the said allegations.’
‘From the 29th day of May, 2007 till date, there are no fresh facts linking me with the looting of the treasury of Akwa Ibom State or any case of money laundering, official corruption and/or abuse of office.’
‘By the conduct of the defendant in causing the Specialist Crimes Directorate and the Metropolitan Police of the United Kingdom to place my name under their watch list and upon arrival in the United Kingdom to be arrested and interrogated, I have not been able to travel to the United Kingdom to meet my international obligations to my clients and have lost several contracts.’
‘By the defendant’s publication, I have been brought into public ridicule, a politician not worthy of my calling and a person who cannot be trusted to hold political office and I have therefore suffered loss and damages,’ he added.
According to Attah, he had no choice but to take the matter to court as the AGF did not comply with the demand made in the letters from his lawyer to retract the publication.
In seeking redress, the former governor urged the court to direct the AGF to offer a formal apology, which should be published in three major national newspapers, retracting the purported defamatory remarks.
He also requested that the court order the AGF to write a letter to the Specialist Crime Directorate of the UK, clarifying that he was not included in the group of ex-governors currently facing any corruption-related charges.
The total claim put forth by Attah amounts to N1.5 billion, encompassing damages of a general, exemplary, and aggravated nature.