Nigeria: Ex-Nigerian Ambassador Sues Former Foreign Minister for Libel in U.S. Court

27 December 2023

In court filings seen by PREMIUM TIMES, the plaintiff accused the former foreign minister of using Sahara Reporters, a New York-based online newspaper, to defame her.

Lilian Onoh, a former Nigerian High Commissioner to Namibia, has filed a libel suit at the U.S. District Court for the Northern District of Texas against Geoffrey Onyeama and Gabriel Aduda.

Mr Onyeama is Nigeria's former Minister of Foreign Affairs, and Mr Aduda was a Permanent Secretary at the ministry who now serves as the Permanent Secretary at the Ministry of Petroleum Resources in Abuja.

The suit filed by Ms Onoh's lawyer, Steven Thornton, on 22 December, also listed Sahara Reporters and its publisher Omoyele Sowore as defendants.

The case has been assigned to Judge Jane J. Boyle for adjudication but no date has been fixed for hearing.

https://dockets.justia.com/docket/texas/txndce/3:2023cv02838/384566

In court filings seen by PREMIUM TIMES, the plaintiff accused Messrs Onyeama and Aduda of using Sahara Reporters, a New York-based online newspaper, to defame her.

Similarly, Ms Onoh and Mr Onyeama are locked in a fierce legal battle in Nigeria's capital city, Abuja, where the former minister sumilarly sued her for making libellous remarks in the press.

In a fallout of the legal battle, Ms Onoh, a sister of Mr Onyeama, sent a petition to the National Judicial Council (NJC), asking the body to discipline the Nigerian judge handling the case for alleged bias.

Genesis of suit

In the suit before the U.S. District Court for the Northern District of Texas, Ms Onoh's lawyer, Steven Thornton, said Sahara Reporters in April, published an article saying Ms Onoh was sacked by the Nigerian government on account of misappropriation of N50 million.

Mr Thornton noted that the media outlet published Ms Onoh's photograph in the story, to ensure the object of the story was not mistaken.

In court papers, the claimant's lawyer decried Sahara Reporters' portrayal of his client as being corrupt having informed its global audience of diversion of funds meant for the running of Nigeria's High Commission in Namibia.

"The article then claims that the Nigerian Federal Civil Service Commission fired Ms Onoh in 2021. Sahara Reporters next claimed that a 'report by a seven-man committee indicted the controversial former Nigerian High Commissioner to Namibia over her alleged financial misappropriation while serving in the Southern African country'," the court document reads in part.

According to the alleged defamatory story, Sahara Reporters claimed Messrs Aduda and Onyeama were members of the investigative committee that indicted Ms Onoh for fraud.

"Sahara Reporters noted that defendant Aduda and defendant Onyeama were members of this committee.

"Sahara Reporters also referenced two alleged letters regarding Ms Onoh's dismissal that this Commission sent to Ms Onoh detailing the reasons for her termination. The article further stated that this Commission ordered Ms Onoh to refund to the Nigerian mission all the money that she had improperly used," the court papers also read.

In his submissions, Mr Thornton said the basis of Sahara Reporters' article was statements and claims credited to Messrs Aduda and Onyeama about Ms Onoh.

"The reason for their making false statements about Ms Onoh was to discredit her following her reporting of corruption by those defendants," Mr Thornton added.

Ms Onoh had in a series of memos to then Nigerian president, Muhammadu Buhari, accused Mr Onyeama of condoning corrupt practices at the foreign ministry which he supervised.

"Specifically, as an Ambassador, Ms Onoh had reported multiple incidents of embezzlement of millions of U.S. Dollars and billions of Naira of Nigerian Government funds by various Nigerian officials.

"Further, she reported the embezzlement of $2.8 million in Red Cross Funds meant for Haiti earthquake victims as well as the egregious acts of visa racketeering against the USA and other countries in which her successor in Jamaica had engaged."

The claimant's lawyer contended that Sahara Reporters claims in the alleged offending story were false.

"Ms. Onoh was never terminated from any posting with the Nigerian government for misappropriation of funds."

He further argued that Mr Onyeama did not create a seven-person committee to investigate Ms Onoh, nor did Mr Aduda head any such committee.

"In fact, such a committee was never empaneled to investigate Ms Onoh by anyone."

Reputational and mental injuries

Referencing relevant U.S laws, Mr Thornton said "pursuant to 28 U.S.C. & 1332", the court has a subject-matter jurisdiction over the case.

"This court has personal jurisdiction over the defendants given that the complain of conduct occurred in the State of Texas.

"Venue is proper in this District and Division pursuant to 28 U.S.C. § 1391(b)(2) as a substantial part of the events giving rise to the claim occurred in this District and Division."

In the court documents, Ms Onoh who served as Nigeria's ambassador to Namibia, and the Head of Mission in Jamaica, said Mr Sowore and Sahara Reporters knew Messrs Aduda and Onyeama's "statements were false at the time they made them to these third parties."

The lawyer informed the court that Sahara Reporters publication brought immense suffering to Ms Onoh whom he argued "suffered severe reputational damage, mental anguish, and economic injuries."

"By publishing the Article on its website on April 21, 2023, Defendant Sahara Reporters and Defendant Sowore published false statements about Ms Onoh to literally the entire world."

Mr Thornton further said Messrs Onyeama and Aduda intentionally or recklessly made the statements against Ms Onoh.

"As a result of Defendant Onyeama and Aduda's conduct, Ms Onoh suffered severe emotional and reputational damages."

He said the media outlet knew about the falsity of the offending statements but went ahead to publish the same.

In the claimant's prayers before the judge, Mr Thornton demanded costs of litigation, "all such other and further relief at law and in equity to which Ms. Onoh may show herself to be justly entitled."

Mr Sowore is currently based in Nigeria.

He is confined to Nigeria by a court order that bars him from travelling abroad because of a criminal suit filed by the government.

But Mr Sowore argues that the charges were politically motivated due to his activism in rallying Nigerians to resist bad governance under then President Buhari's regime.

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