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Judiciary

Dollar Video: Court Orders Ganduje To Pay N800,000 To Jafar Jafar

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Dollar Video: Court Orders Ganduje To Pay N800,000 To Jafar Jafar-Crystal News

A State High Court sitting in Kano, on Tuesday, ordered Gov. Abdullahi Ganduje to pay the sum of N800,000 as costs for expenses to Jafar Jafar, a publisher, and his company, Daily Nigerian, respondents to his N3 billion defamation suit.

Ganduje had filed a suit in November 2018, seeking N3 billion as damages for defamation of character against the respondents over videos they published of the governor allegedly receiving bribes in US dollars.

The respondents in the suit were: Jafar Jafar, his company, Penlight Media limited (Daily Nigerian).

When the case came up on Tuesday, there was a mild drama in court between counsels for the plaintiff and respondents as to whether the case was for mention or hearing.

Counsel to the plaintiff, Offiong Offiong SAN, had filed an application for motion on notice dated June 28, seeking to withdraw the N3 billion defamation suit he filed against the respondents.

“We rely on order 23 rule 4 and 3 of the rule of the court, supported by a written address to discontinue the suit”.

Responding, counsel to the first respondent, U Eteng, and Muhammad Dan’azumi, for the second respondent, argued that hearing on the application seeking to discontinue the suit by the plaintiff was not ripe and urged the court to strike out the application.

Eteng had similarly filed a four-paragraph counter-affidavit and a written address dated July 1, to amend the statement of defense and add the respondent’s counterclaim.

He urged the court to grant the first respondent the sum of N100 million and the second respondent N300 million as costs of necessary expenses of filing the affidavit, among others.

“Daily Nigerian has gone through stress for four years. We need a written apology to be published in the national dailies and pre-action letter by the plaintiff”, the counsel said.

In his ruling, Justice Suleiman NaMalam, discontinued the suit, with number K/519/2018 and the statement of claim against the respondents, while ordering the plaintiff to pay the two respondents the sum of N400,000 each to as costs for necessary expenses.

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Entertainment

Breach of Contract: Tunji Afolayan gives Kunle Afolayan a seven day ultimatum

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Tunji Afolayan, an award winning Art Director through his legal representatives, Osifowora & Co. has berated the Managing Director of KAP Productions Limited, Kunle Afolayan over what he termed a “breach of contractual terms”.

In the letter signed by the firm’s lead counsel, Olatubosun Osifowora, Tunji accused Mr Kunle Afolayan of making a deliberate attempt to undermine his creative input and relevance on the movie, ‘Ijogbon’.

The letter to KAP Productions and Netflix stated that Mr Tunji was contracted by one Mr. Segun Akintunde, a Line Producer at KAP Productions Limited, to work as Art Director for the movie ‘ljogbon’. His deliverables, and remuneration as Art Director, were well spelt out in the contract. The letter noted that the contract was signed on January 11, 2023 between Mr Tunji and KAP’s Production Executive/Representative in the presence of Kunle Afolayan.
 “Our client stated also that the executed copies of the contractual documents were kept by the management of KAP Productions Limited and his copy was never given to him to date after signing.Upon completion of the project ‘Ijogbon’, the movie was released on Netflix- a streaming platform, and to our Client’s consternation, there was an omission of his name and title as Art Director for the movie ‘Ijogbon’,” the letter reads.

The letter further stated that Mr. Kunle was instead credited as the Art Director for the Movie ‘Ijogbon’m While accusing the management of KAP Productions Limited of deliberately and consciously portraying Mr Tunji as ‘Set Designer’ instead of his role as the Art Director, which he was originally contracted.

“Our client is appalled at this grave omission and therefore regards this as a breach of contractual terms in the contract with KAP Productions Limited. This is further viewed and taken, as a deliberate attempt to undermine our client’s creative work and relevance for the movie titled ‘Ijogbon’.

“In view of the above, it is our client’s demand that his name and role for which he was contracted and worked, be restored and properly credited in the Movie ‘Ijogbon’ as the Art Director,” Osifowora wrote.

He further demanded, on behalf of Mr Tunji Afolayan, that the retraction be done within seven days of receipt of the correspondence before the next line of action is taken.

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Judiciary

Supreme Court Set to Hear PDP, App’s Motion for the Enforcement of its Judgement Disqualifying APC in 2019 Imo Guber Poll

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Barring any unforeseen circumstances, the Supreme Court will hear the motion of the Peoples Democratic Party and Action Peoples Party respectively which applied to the apex Court to give effect to its judgment delivered on December 20, 2019, disqualifying Uche Nwosu from the Imo governorship election on the ground of double nomination on Tuesday, October 31st, 2023.
The apex court had in a judgment delivered on December 20, 2019 found that Nwosu was nominated by both Action Alliance (AA) and the All Progressives Congress (APC) and consequently nullified his nomination.
A political party is not capable of sponsoring two candidates for the same office in the same election.
This informed the decision of the PDP and APP to file different applications at the Supreme Court seeking that the PDP candidate, Hon. Emeka Ihedioha be declared the winner of the election since APC is precluded from sponsoring two candidates in the Imo State governorship election.
In an affidavit filed in support of the application which was deposed to by a legal practitioner, Adedamola Farokun, working in the Legal Department of the PDP, he averred thus: “The third Respondent/Applicant (PDP) is neither in any way seeking a review of the valid, subsisting and well considered judgment of this court delivered in this appeal nor seeking a review of the judgment of this court delivered on 14th January 2020 in SC/462/2019 but humbly seeking that this court give effect to its judgment delivered on 20th December,2019.
“That this court has the constitutional, inherent powers and jurisdiction to grant the reliefs sought and give effects to its judgment.“That it is in the interest of justice for this court to exercise its wide discretionary powers in favour of granting this application as prayed.”
In the application, PDP is asking the court to declare that the governor of Imo State, Hope Uzodinma was not the candidate of the APC based on the court’s judgment that Nwosu was nominated by both the APC and the Action Alliance.
PDP is also asking the court for an order enforcing or otherwise directing the enforcement and or giving effect to the judgement of the court in the case delivered on the 20th December 2019 wherein the court held that Nwosu was nominated by both APC and AA and consequently declared his nomination a nullity.
PDP is asking the Supreme Court to hold that “both the Action Alliance (AA) and the All Progressive Congress (APC) did not sponsor and/or field any candidate for the governorship election held in lmo State on 9th March, 2019 in view of the double nomination of the Appellant/Respondent by the two political parties aforesaid, and his subsequent disqualification as their gubernatorial candidate, as found by this honourable court in the judgment delivered on 20th December, 2019.”
The party asked the court for an order sequel to the above that Senator Hope Uzodinma was not a candidate by himself or of any party at the Imo State Governorship election held on 9th March, 2019.
PDP also asked the court for an order directing the Independent National Electoral Commission to withdraw the certificate of return issued to Senator Hope Uzodinma.
It asked the court “for an order further directing the 4th respondent to issue a certificate of return to the gubernatorial candidate of the 3rd Respondent/Applicant, Rt. Hon. Emeka Ehedioha in the lmo state Governorship election held on 9th March. 2019 as the duly elected governor of Imo state, having scored the second highest number of votes in the said election sequel to the judgment of this court in Appeal No SC/1462/2019 Hope Uzodinma & Anor vs Rt. Hon Emeka Ihedioha & Others delivered on 14th January, 2020.”
The party further sought an order sequel to the above, directing that the said gubernatorial candidate of the 3rd Respondent/Applicant in the lmo state Governorship election held on the 9th March 2019 Rt. Hon. Emeka lhedioha be immediately sworn in as the governor of lmo State.
PDP stated the grounds for the application thus: “The court found that the Appellant/Respondent was nominated by both APC and AA as their gubernatorial candidate for the lmo state governorship election and conclusively held that he was disqualified by the provisions of S. 37 of the Electoral Act (as amended), for double nomination.
b. That after the said election, the governorship candidate of the 3d Respondent/Applicant Rt. Honourable Emeka lhedioha, was returned by the 4th Respondent as the winners of the election and consequently sworn into office.
That subsequently, the return of the governorship candidate of the 3rd Respondent/Applicant was challenged up to this court by one Senator Hope Uzodinma who claimed to be the gubernatorial ‘candidate of the APC.’
That the Supreme Court in its judgement delivered on 14th January, 2020 held that it was the said Senator Hope Uzodinma and not Rt. Honourable Emeka lhedioha that scored the highest number of votes in the election and ought to be returned as the duly elected governor of lmo State.
That by the clear terms of the judgement in this appeal, neither the AA nor the APC fielded any candidate for the lmo state governorship election held on 9th March 2019 and as such the said Senator Hope Uzodinma could not have been returned as the winner of the lmo State Governorship election as a candidate of the APC.
That APC could not have substituted the appellant with a view to further nominating the said Senator Hope Uzodinma as their candidate because that right was not available to the party under the Electoral Act.
That Senator Hope Uzodinma could not have been a candidate in the election as an independent candidate as such right is not available to him.
That the 3rd respondent Applicant, PDP, as the main beneficiary of the judgment ought to enjoy the fruits of the said judgement.
That Rt. Honourable Emeka lhedioha, who is the candidate nominated by the 3rd Respondent /Applicant, and who scored the second highest number of votes after Senator Hope Uzodinma, from the judgment of this court ought therefore to be issued a certificate of return by the 4th respondent and sworn in accordingly.
That it will advance the cause of justice to grant this application particularly as none of the parties will be prejudiced by its grant.

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Judiciary

Sylva Pleaded, Requested Settlement Twice, Did Not Win Any Defamatory Case in U.S- Pointblanknews Publisher, Jackson Ude

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The publisher of Pointblanknews.com, Mr. Jackson Ude has said that Minister of State, Petroleum, Timipre Marlin Sylvia, pleaded for out of court settlement and did not win any case against Pointblank News in the US. He stated this in a statement made available to newsmen on Monday. The statement reads “My attention has been drawn to spurious, criminal, malicious, defamatory and disparaging news report being sponsored by the Minister of State, Petroleum, Timipre Marlin Sylvia, in which he claimed victory in a United States Eastern District Court, Pennsylvania.
“Nothing can be more ridiculous than such a claim when indeed the Minister was the one who instituted a defamatory case against me, turned around to twice request for an out-of-court settlement through his attorney, used leaders in Nigeria to reach out to me to accept an out of court settlement.

“In 2021, Sylva came to the U.S court and filed a lawsuit against me for defamation. The case started in February 2022. After discoveries were conducted by attorneys for both Sylva and me. Sylva appeared for deposition via zoom and was interrogated for closed to five hours in May. I was also deposed for about three hours. After the deposition, Sylva through his lawyers approached my lawyers for an out-of-court settlement”.
” The first request was denied. He came back again on July 22, 2022 and made another request. This time, Minority Leader of the House of Representatives, Hon. Ndudi Elumelu, whom I have tremendous respect for, has been reaching out to me on behalf of Sylva, requesting I accept to settle the matter out of court”

“After going through Sylva’s requests and adjustments made by my lawyers, I accepted the request in good faith and directed my attorneys to proceed with it” “Judge Hon. Joseph Leeson Jnr of the Eastern District court, thereafter, set up settlement conference hearing for August 11, 2022. And also set September 14 as the Jury trial date if we did not reach an agreement to settle. I attended the hearing as ordered by the Judge while Sylva pleaded with the Judge to allow him to appear via zoom”.

“At the Settlement hearing, we both went through the agreements. The Magistrate Judge, Hon. Pamela Carlos, supervised the process and both parties agreed and signed off the settlement agreement. No judgment was pronounced. Sylva was not pronounced winner as no trial in the case ever happened”

“In plain language, the suit did not proceed to trial or judgement stage. It was simply a settlement out of court which Sylva, not me, sought”.

“It is, therefore, a violation of the Judge’s order for Sylva to sponsor defamatory, malicious and disparaging publications against my person and that of Pointblanknews.com in other to whitewash himself. In due course, he would return to the U.S court to explain his actions”.

“The amateur attempt to hoodwink the public and spread lies are some of the instrument politicians have employed to deceive Nigerians. Again, Timipre Sylva never won any defamatory case. How can you be a winner in a case that never went to trial? Otherwise, Sylva should show to the public a judgement he obtained from the U.S Court declaring him winner. It is pure lies from the pit of hell” Ude sounded with a note of finality.

 


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