Friday, 13 March 2015

Defamation: Court Adjourns Osinbajo’s Suit Against AIT, NTA To March 27

Defamation: Court Adjourns Osinbajo’s Suit Against AIT, NTA To March 27

A Federal High Court in Lagos on Friday adjourned hearing in a suit filed by the Vice Presidential candidate of the All Progressives Congress (APC), Professor Yemi Osinbajo (SAN), challenging further broadcast of an alleged defamatory documentaries against his person, till March 27. 

Osinbajo had filed the suit through his lawyer, Femi Falana (SAN), contending that the airing of the said documentary by the African Independent Television (AIT) and the Nigerian Television Authority (NTA) was against his fundamental rights.

He had also sought and obtained from Justice James Tsoho an ex parte order restraining the two television stations and any other from further broadcast of the documentary pending the hearing and determination of the suit.

At the resumed hearing of the matter on Friday, Falana informed the court that the two defendants had been served, and that he was ready to come back for hearing.

Though AIT was not represented by any lawyer, NTA was represented by a counsel, Anthony Okochu, who confirmed that the processes in the matter had been served on his client and that he needed time to respond to the suit. 

Based on his request, Justice Tsoho adjourned the case till March 27 and ordered that all the necessary processes must have been filed and served by the date.

Osinbajo, in the suit, had complained to the court that the ruling Peoples Democratic Party (PDP), having adjudged him a threat, sponsored documentaries to cause him disaffection in the eye of the public.

AIT and NTA had, for weeks running, aired a documentary allegedly detailing the “atrocious” of the APC presidential candidate, Muhammadu Buhari.

The stations also had a similar documentary on a national leader of the APC, Asiwaju Bola Tinubu, allegedly chronicling his series of alleged financial misconduct.

Osinbajo maintained that the said documentaries, which allegedly contained untrue information and injurious falsehoods, constitute a personal attack on his person.

He argued that the videos were being aired in violation of his fundamental human right to dignity of human person, right to privacy and family virtue and right to life and/or livelihood as protected by Sections 33, 34 and 37 of the 1999 Constitution.

He had therefore prayed Tsoho for an order of interim injunction restraining AIT, NTA and any other broadcast stations under the control of BON from further disseminating and broadcasting the damaging videos.

“Unless the respondents are restrained in the manner requested in this application, damages will be grossly inadequate to compensate or redress the unquantifiable, unwarranted and malicious damage to the applicant' right to dignity of human person, right to livelihood and privacy guaranteed and protected under Sections 33, 34 and 37 of the 1999 Constitution of the Federal Republic of Nigeria.”

While granting the interim order, Justice Tsoho had ordered AIT, NTA and any other broadcast station under the control of  the Broadcasting Organisation of Nigeria (BON), to stop airing similar videos forthwith. 

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