An Abuja high court has dismissed two motions by the Attorney General of the Federation (AGF) seeking to terminate the defamation lawsuit of international human rights lawyer Emmanuel Ogebe against the Federal Government of Nigeria over his sponsorship of Chibok girls to the United States of America.

At the proceedings on Wednesday, January 11, 2023, the defendants were represented by Mr Agbe and Ms Okonkwo of the Ministry of Justice who argued that because the lawsuit had two different suit numbers over the years, it should be dismissed by the judge.

However, the court in its ruling agreed with counsel for the plaintiff, Godwin Abarike, Esq that the two suit numbers do not indicate two suits and that punishment for the error of the Registry cannot be visited on the plaintiff.

Per Abarike, “It is respectfully submitted that the Defendants’ application to quash the proceedings or set aside the suit of the Claimant is an open invitation to the court to punish the Claimant for the mistake of the Registry of the Court. This is contrary to the principle of law that the sin of the registry of a court cannot be visited on the litigants. Please, see Duke v. Akpabuyo L.G. (2005) 19 NWLR (Pt 559) 130 and G.T.B. Plc v. Innoson (Nig.) Ltd (2022) 6 NWLR (Pt1825) 35. In Maku v. Sule (2022) 3 NWLR (Pt 1817) 231 at 257, it was held that:

“It is contrary to all principles to allow litigants to suffer for the mistake of the court registry.

“It is our humble position that the Claimant, having not participated in the assignment of the suit numbers, cannot be held responsible for any mistake that occurred thereon. We respectfully urge the Court to so hold.

“The Honourable Court would find from both its records and the counter-affidavit of the Claimant that the Defendants have always sought for ways to avoid the defense of this suit as they have none. In view of the foregoing submissions, we respectfully urge the Honourable Court to dismiss the Defendants’ motion, with penalizing cost, as same is brought in bad faith and lacking in merit.”

The motions of the AGF were both struck out with cost of N50,000 awarded against the Federal Government by the court.

This is the third time that costs have been awarded against the Federal Government since the commencement of this defamation action in 2017. However the FGN has failed to pay previous awards totaling over a million naira till date.

The matter was adjourned to February 2023 for adoption of Final Written Addresses.

The FGN never presented any witnesses or evidence in its defense whereas the plaintiff Emmanuel Ogebe, Esq flew to Nigeria and testified in his own behalf on multiple occasions.

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