Davidson Iriekpen
3 November 2009
Lagos — Following the conviction of former Deputy National Chairman(South) of the Peoples Democratic Party (PDP), Chief Olabode George, by Justice Olubunmi Oyewole of an Ikeja High Court, the two media houses he had sued for libel for reporting his activities as Nigerian Ports Authority (NPA) yesterday opted to amend their statements of defence before Justice Akeem Oshodi, of an Ikeja High Court.
George and five others, it would be recalled, were sentenced to 30 months imprisonment for fraud in the award of contracts amounting to N85 billion.
The PDP chieftain had earlier dragged Independent Newspaper,publishers of The Daily Independent and others, Corporate Vendors Limited and Independent Network Communications Limited, publishers of PM News and The News magazine to court, asking for N1billion and N1.5billion from the organisations respectively.
He alleged that the two newspapers committed libel in theirpublication of the Nuhu Ribadu-led investigating panel report that indicted him and other board members.
In their fresh motions brought to court by the defendants through their counsel, Mr. Femi Falana, they are separately asking for an order of the court permitting them to further amend their statements of defence by pleading the judgment delivered by the Justice Oyewole on Monday, October 26, 2009 in the criminal case of the Federal Republic of Nigeria Vs Chief Olabode George and five others.
They are also seeking the court's order to extend the time within which the defendants can file a reply on point of law to the claimant's copious final written address, stating Order 24 Rule 1, Order 44 Rule 4, Order 45 Rule 13, Order 31 Rule 3 and Order 30 Rule 16 of the Lagos State High Court (Civil Procedure) Rules 2004 as their defence.
The defendants through their counsels, are claiming that the said judgment of the court made definite findings and fundamental pronouncements on the subject matter of the suit.
Responding, counsel to Bode George, Mr. Bambo Adesanya, SAN, said they would also need time to reply to the defence motion, but rejected the suggestion that they take the four together, as they were different and that one was about a said N500million which his client was said to have taken from NPA coffers to finance a campaign.
Justice Oshodi subsequently adjourned the matter till November 16 and 18, 2009, for the motion to be argued before the court.
In the substantive suit, George claimed that the materials contained in the publications published by the defendants featured libellous matter designed to scandalise him and portray him as an irresponsible person.
He said the publications ware malicious, as they portrayed him as a criminal who was not worthy to be a leader and asked the court for an order of perpetual injunction restraining the defendants from such publications.
The defendants, however, based their defence on the report of the special panel, which the EFCC tendered in court, stressingthat their publications did not scandalise or defame George. They urged the court to dismiss the suit as it lacked merit and was baseless. Among other things, the defendants claimed that in the report of the panel, it was clear that the NPA board headed by George, engaged in reckless and indiscriminate awards of 29,000 contracts between 2001and 2003.
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