Court elects to hear N1.5bn suit by former Akwa Ibom Gov Attah against Malami

A Federal High Court in Abuja has agreed to hear a N1.5 billion defamation suit brought against former Attorney-General of the Federation (AGF), Abubakar Malami, by former Akwa Ibom State governor, Victor Attah.

In the suit filed by Attah, through his lawyer, Dr. Reuben Atabo (SAN), the former governor had sued the ex-AGF in respect to allegations of “money laundry, conspiracy and abuse of office,” in relation to an interview published in national dailies.

Attah had filed the suit in 2018 where he claimed that Malami, in 2016, named him among some ex-governors to be prosecuted by the National Prosecution Coordination Committee (NPCC) for alleged corruption.

In his witness in chief, Attah said by the pronouncement by the AGF which was published in the media, the Specialist Crimes Directorate (SCD) and the Metropolitan Police (MP) of the United Kingdom placed him on its watch list of corrupt governors of Nigeria, facing corruption charges.

“I left office of the Governor of Akwa Ibom State on the 29th day of May, 2007, and the only allegation made against me and my government were allegations of money laundering concerning the sale of Akwa Ibom’s shares in Econet by the Akwa Ibom Investment and Industrial Promotion Council (AKIIPOC) and African Development Fund Inc and I have been cleared of the said allegations.

“From the 29th day of May, 2007 till date, there are no fresh facts linking me with the looting of the treasury of Akwa Ibom State or any case of money laundering, official corruption and/or abuse of office.

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“By the conduct of the defendant in causing the Specialist Crimes Directorate and the Metropolitan Police of the United Kingdom to place my name under their watch list and upon arrival in the United Kingdom to be arrested and interrogated, I have not been able to travel to the United Kingdom to meet my international obligations to my clients and have lost several contracts.

“By the defendant’s publication, I have been brought into public ridicule, a politician not worthy of my calling and a person who cannot be trusted to hold political office and I have therefore suffered loss and damages,” he said.

Attah said his decision to seek redress in court was because the AGF failed to retract the publication as demanded in his lawyer’s letters to him.

He also prayed the court to, among others, order Malami to tender an apology to him, which must be published in three national dailies, retracting the alleged defamatory statement.

He also sought an order compelling the former AGF to write to the Specialist Crime Directorate of the UK stating that he was not among the ex-governors facing corruption charges.

While ruling on the case on Thursday, the president of the court, Justice Emeka Nwite, dismissed a preliminary objection raised by the former AGF challenging the court’s jurisdiction to hear the case.

Justice Nwite upheld the argument by Attah’s lawyer that the subject of the case fell within the scope of the court’s jurisdictional competence as provided in Section 251 of the constitution.

The judge also 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.”

“In the light of the above, I must say that the argument of the learned counsel to the defendant/applicant (the AGF) is misconceived,” Justice Nwite held.

“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.

“The authority relied on by the learned counsel to the defendant/applicant is of no moment as it is distinguishable from the instant case.

“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.

“The application of the defendant is hereby dismissed,” Justice Nwite said while delivering the judgement.

The judge therefore, adjourned the case until October 16 for hearing.

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