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From Godwin Tsa, Abuja
Vice Chancellor of the University of Mkar, Benue State, Prof. Zacharys Gundu, has asked a High Court of the Federal Capital Territory (FCT) to dismiss or strike out a N100.5 billion defamation suit filed against him by the Government of Nasarawa State and the governor, Abdullahi Sule.
In a notice of preliminary objection in suit No: FCT/HC/CV/3554/2024, Prof. Gundu through his legal team led by Prof. Sebastian Hon, challenged the competence of the suit and urged the court to decline jurisdiction on the grounds that the suit is frivolous and constitutes an abuse of the process of the court.
Already, Justice Hamza Mu’azu has reserved ruling in the preliminary objection, after counsel to both parties had adopted their arguments for and against the objection.
The defendant, among others, contended that the claimants failed to comply with the mandatory condition precedent to the validity of the originating processes as provided for in Order 2 Rule 8 of the court’s Civil Procedure Rules, 2025.
Gundu further argued that the suit is an abuse of process for joint pleadings and reliefs by the claimants, when the first claimant (the Government of Nasarawa State) has no right of action, cause of action, or reasonable cause of action against him (the defendant).
The defendant noted that, while the claimants pleaded the alleged defamatory words spoken by him, the name of the first claimant is not mentioned anywhere in the words pleaded in the statement of claim as being allegedly defamatory.
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He added that the first claimant has no right of action in defamation since a government cannot sue for the common law remedy of damages and other reliefs for defamation.
Prof. Gundu, who also filed a statement of defence, raised the defences of justification and fair comment.
In support of his defence of justification, the defendant argued that the alleged defamatory words were made with reference to the actions of a public servant (the second claimant) in the performance of his public duties as the governor of Nasarawa State.
In support of his defence of fair comment, the defendant said he made those comments complained of over a matter of public interest.
He added the said comments were a fair assessment of the security and land tenure situation in Nasarawa State, where the second claimant is not only the governor, but is also the Chief Security Officer of the state and the Chief Trustee of all lands in the state.
The government of Nasarawa State and Gov. Sule had sued Prof. Gundu over comments he made while participating in a programme organised by a television station, which the claimants alleged portrayed them as encouraging insecurity in the state.
They are praying for a series of reliefs, including an order compelling the defendant to publish retractions of the said comments; an order for N100.5billion in damages and cost of prosecuting the suit.
