Court grants ex-governor Victor Attah’s N1.5b suit against AGF

<p>A Federal High Court, Abuja has elected to hear a N1.5 billion defamation suit brought against the Attorney-General of the Federation (AGF) by former Governor of Akwa Ibom, Victor Attah.</p>, <p>Justice Emeka Nwite, in a ruling, dismissed the preliminary objection raised by the AGF, challenging the court’s jurisdiction to hear the case.</p>, <p>The News Agency of Nigeria (NAN) reports that Attah, through his lawyer, Dr. Reuben Atabo, SAN, had sued the AGF as sole defendant in the case.</p>, <p>In the ruling, Justice Nwite upheld the argument by plaintiff’s lawyer, Atabo, that the subject of the case fell within the scope of the court’s jurisdictional competence as provided in Section 251 of the constitution.</p>, <p>The judge held that the suit was informed 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.</p>, <p>The case was n respect of money laundry, conspiracy and abuse of office,” and in relation to which the AGF granted an interview that was published in national dailies, and prompting the plaintiff to sue.</p>, <p>“In the light of the above, I must say that the argument of the learned counsel to the defendant/applicant (the AGF) is misconceived.</p>, <p>“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.</p>, <p>“The authority relied on by the learned counsel to the defendant/applicant is of no moment as it is distinguishable from the instant case.</p>, <p>“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.</p>, <p>“The application of the defendant is hereby dismissed,” Justice Nwite held.</p>, <p>The judge adjourned until Oct. 16 for hearing of the substantive suit.