Defamation: FCT High Court Summons PDP, Abraham Amah Over Umeh Kalu’s N500m Claim Against Them

Defamation: FCT High Court Summons PDP, Abraham Amah Over Umeh Kalu’s N500m Claim Against Them

By Our Reporter

The High Court of the Federal Capital Territory, holden at Abuja, has, in
Suit No: FCT/HC/CV/2023, between
Chief Umeh Kalu, SAN (Claimant) and the
Peoples Democratic Party (PDP) and Abraham Amah of 45 Finbarrs Road, Umuahia, Abia State, (Defendants), summoned the defendants to appear before it within 30 days after service of the Writ.

Sequel to a Writ dated 14th day of July, 2023, issued on behalf of the Claimant by Adekunle Kosoko, whose address for service is Seasons Law Firm, 46 Claude Ake Street, Off First Avenue, Gwarinpa District, Abuja, the court ordered PDP and Amah thus:


“You are hereby commanded that within THIRTY days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in an action at the suit of the above Claimant.

And take notice that in default of your so doing, the Claimant may proceed therein and judgment may be given in your absence.

Take further notice that Parties shall maintain status quo.”

NewsOrient Network reports that in the matter, the Claimant’s claims are for an Order of the Court “compelling the Defendants to publish an apology to the Claimant in a full page of Sun Newspaper and ThisDay Newspaper, retracting the defamatory statements contained in the Press Statement titled Umeh Kalus Very Unprofessional Conduct and Interference in the Ongoing Abia Election Petition Tribunal.

“An Order of the Court “compelling the Defendants, jointly and severally, to publish an apology to the Claimant on his Facebook Social Media Page/Website and also the Facebook Social Media Page/Website of the Abia State Chapter of the Peoples Democratic Party, retracting the defamatory statements contained in the Press Statement titled Umeh Kalus Very Unprofessional Conduct and Interference in the Ongoing Abia Election Petition Tribunal.

“An Order of the Court compelling the Defendants, jointly and severally, to pay general damages of N500,000,000 (Five Hundred Million Naira) for the damage done to the reputation of the Claimant by the publication of the false, malicious and defamatory statements contained in the Press Statement titled Umeh Kalus Very Unprofessional Conduct and Interference in the Ongoing Abia Election Petition Tribunal.”

In his statement of Claim, Chief Umeh Kalu SAN, stated, among others that it was defamatory to describe as a reckless impersonator, mischief maker and document forger, because aside being a Senior Advocate of Nigeria (SAN), he served as the Attorney-General and Commissioner for Justice in Abia State for ten (10) years.

That he has also distinguished himself in the legal profession so much that he was appointed a Life Member of the Body of Benchers, currently serving as a member of the Ethics Committee of the Body of Benchers, and sits on the panel of the Legal Practitioners Disciplinary Committee (LPDC).

He added that at all times relevant and material to the facts of this Suit, the 2nd Defendant was the Vice Chairman/Acting State Publicity Secretary of the Peoples Democratic Party (PDP) in Abia State.

That “sometimes in June, 2023, the 2nd Defendant, acting in his capacity as the Vice Chairman/Acting Publicity Secretary of the 1st Defendant (PDP) in Abia State, issued a Press Release wherein he authored, uttered, published and caused to be published a Press Statement of and concerning the Claimant titled “Umeh Kalus Very Unprofessional Conduct and Interference in the Ongoing Abia Election Petition Tribunal.

“The Press Statement titled Umeh Kalus Very Unprofessional Conduct and Interference in the Ongoing Abia Election Petition Tribunal concerning the Claimant, which was authored, uttered, published and caused to be published by the Defendant contained the following words:

“PRESS RELEASE


UMEH KALUS VERY UNPROFESSIONAL CONDUCT AND INTERFERENCE IN THE ONGOING ABIA ELECTION PETITION TRIBUNAL

“The Abia PDP is aware that the Labour Party and its agents, especially Umeh Kalu, SAN, is making desperate efforts to subvert justice by interfering with the activities of the Abia Election Petition Tribunal following revelations at the Tribunal sitting yesterday that Umeh Kalu, a Learned Silk, disguised and impersonated as a Counsel to the first respondent, the Independent National Electoral Commission, INEC and collected processes for service on the Petitioners (PDP) Counsel and purportedly, howbeit, maliciously pretending to have served the Petitioners Counsel at his office in Aba.

“We are neither surprised nor disappointed because it is a horrible and distasteful pattern of reckless behaviour that both the Labour Party and Umeh Kalu have patented in Abia politics in just a few months of their existence.

“At every turn of event, Umeh Kalu has shown himself as an unrepentant misfit for the legal profession.

“We are rather worried that the Labour Party which prides itself as upright, saintly and sanctimonious would nest with a character as cheaply as Umeh Kalu in these acts of impersonation and forgery.

“When we raised concerns about his character a few weeks ago, we were not speaking out of malice against his persona, we were merely stating who he is and gratefully, he has not disappointed us by proving that we were right after all.

“We advise Umeh Kalu to exercise restraint in his duplicity because his actions drag the prestige of the highly regarded legal profession to the mud any time he bungles his cheap mischief.

“To the Abia NBA, we call on you to discipline one of your own because the acts of impersonation and forgery are serious infractions on our laws and we are already in discussions with the PDP lawyers to do the needful.

“We call on the members of the PDP and the good people of Abia State to remain steadfast, calm, peaceful and trust in the ability of the judiciary to restore our mandate which was stolen on March 18, 2023.

PDP – Power to the People!

Signed

Hon. Elder Abraham Amah
Abia PDP Vice Chairman/Acting State Publicity Secretary.”

The Claimant then said: “The words, statements, sarcasms and innuendos contained in the Defendants’ said Press Statement in their natural and ordinary meaning meant and were intended and understood by those who read it, to allege that the Claimant is a reckless impersonator, mischief maker and document forger who is unfit to be a member of the legal profession.

“The Defendants published the said article which contained the defamatory words through various media, allied Whatsapp platforms including on the Internet on the World Wide Web on the Facebook, social media platform/website of one Nwaigwe John Sunday https://m.facebook.com/story.php?story_fbid=pfbid02h8VvjFuueqsHDSHDG3SZXJes6mVuovikL852oMUp6jLqUxozMsg9YhsvnvnPxX3l&id=100010908702699&sfnsn=scwspmo with the intention that it should be accessed and read by members of the public, and, it was indeed seen and read by members of the public.

“The published Press Statement containing the words reproduced above was read by millions of people globally, including friends, professional colleagues and other associates of the Claimant.

“The Defendants proceeded to maliciously utter, publish and cause to be published the above reproduced defamatory statements which were untrue, with the intent to injure, and, destroy the reputation and social standing of the Claimant.”

He said “the false statements uttered, published and cause to be published by the Defendants impressed on the minds of right thinking members of the Nigerian and international community that the Claimant is a reckless impersonator, mischief maker and document forger who is unfit to be a member of the legal profession.

That “these false allegations made by the Defendants have ruined the reputation of the Claimant amongst his social peers, professional colleagues and international associates, a reputation which was nurtured over several decades.”

That “these false allegations are recorded for eternity on the Internet, are sources of embarrassment and humiliation to the Claimant….”

That “the Claimant has been hurt emotionally and materially, and, has been left in an uncertain position as to whether his proposals for professional partnership with various local and international organizations have been jeopardized by the untrue allegations published by the Defendants.”