Posted by By GODWIN TSA, Abuja. on
Hearing in the N2 billion libel suit filed against The Sun Publishing Limited, by the Deputy Senate President, Alhaji Ibrahim Mantu was on Monday stalled following an application by the first defendant (Abdullahi Adamu Monjel), seeking to set aside the entire proceedings of the court
Hearing in the N2 billion libel suit filed against The Sun Publishing Limited, by the Deputy Senate President, Alhaji Ibrahim Mantu was on Monday stalled following an application by the first defendant (Abdullahi Adamu Monjel), seeking to set aside the entire proceedings of the court
Meanwhile, in a desperate move, the Deputy Senate President has hired the services of a Benue-based lawyer, Mr. Mammam Osuman (SAN), to beef up his legal team been led by Chief Chimeze Ikeazor (SAN).
When the clerk of called the case for hearing the court, Chief Ikeazor announced his appearance for Senator Mantu, who stormed the courtroom by 9. 30 am, while Chief Chris Uche (SAN) announced his appearance for The Sun Publishing Limited and five others.
But announcing his appearance for the first defendant (Abdullahi Monjel), Mr. Yakubu Maikyau informed the court of motion on notice he filed on behalf of his client, adding that he was instructed on Sunday to conduct the case.
The motion on notice is seeking the following orders;
• An order, of court setting aside exparte orders, made by the court in motion No. FCT/HC/M/2453/04 dated April 5, 2004, for substituted service of the writ of summons and statement of claim on the first defendant/Applicant through publication in This Day and Daily
Trust newspapers.
• Exparte order dated November 2004 in suit No. FCT/HC/684/04 for leave to serve hearing notice and other processes of the court in the said suit on the first defendant/ applicant by pasting at Yan Simenti Rikkos in Jos, Plateau State.
• An order setting aside the entire proceedings of this court, arising from or predicated upon the writ of summons, statement of claim, hearing notices and other processes purportedly served pursuant to the aforesaid exparte orders as the relate to the first defendant /applicant as null, void and of no consequence whatsoever.
But the trial judge, Justice Abaduwa, who condemned counsel for the first defendant for not bringing the application early enough in the life of the case said there were evidence before the court that he, (Maikyau) was briefed by his client early enough.
This did not go down well with Maikyau who rose on his feet to protest this allegation, leading to the following exchange of words;
Maikyau: The information is not correct, my Lord I have my reputation to protect. I was only briefed by my client yesterday (Sunday) at about 9.30 (displaying a copy of the fax message). I would not have come into the case when I was not instructed. I got instructions to handle the brief just yesterday, I did everything possible to be able to file these papers today .
In fact, I deserved to be commended, Iam not a busy body Lawyer who goes about looking for briefs.
Judge: Could you show some decorum to this court and conduct yourself in an orderly manner. This is the first time a lawyer comes to my court to shout. By records before the court, you have been briefed long before now.
Maikyau: My Lord, my reputation cannot be impugned. I disagree with the court, I was only instructed yesterday.
Judge: Please, mind your utterances in this court. I am not part of this litigation, I am only an umpire so I will not take kindly with your utterances.
At the end of the day, it was Maikyau who tendered his apology to the court in the following words: "I do sincerely apologise for my outburst. This is not my attitude and I wonder what led me to this. However, the court should obliterate this attitude of mine this morning, not only from its records but also from the mind of the court. I so pray the court.''
Counsel to Mantu, Chief Chimezie prayed the court to accept the apology following which the judge said she had accepted the apology and would not keep malice against Maikyau.
Following this application, hearing in the case could not continue as the matter has to be adjourned till February 22, 2005 to enable counsel time to file their briefs in respect of the application.
Senator Mantu had dragged The Sun Publishing Limited to court over its publication of Saturday, February, 21, 2004, wherein, Squadron Leader Abdullahi Adamu Monjel granted an interview, alleging that, he was duped by Mantu.