Media houses in Bode George libel case ask for more time

The media houses involved in the libel suit filed by

the former Nigeria Ports Authority boss, Bode George, have asked the

court for more time to amend their defences.

Based on the judgement delivered by Justice Olubunmi

Oyewole of the Lagos High Court sitting in Ikeja on Monday October 26,

2009, the media houses sued for libel have opted to amend their

statements of defence.

The People’s Democratic Party (PDP) leader had

earlier sued the Daily Independent newspaper, TheNEWS Magazine,

Corporate Ventures Nigeria Limited and Independence Network

Communications Limited to court asking for N1.5 billion from TheNEWS

and N1 billion from the Daily Independent.

He sued them for having published the report of the

Nuhu Ribadu-led committee investigating his tenure as the chairman of

the port authority board, which the PDP chieftain claims has tarnished

his reputation.

A helpful judgement

In a fresh motion on notice filed by each of the

media houses, which was brought pursuant to Order 24 rule 1, Order 44

rule 4, Order 45 rule 13, Order 31 rule 3 and Order 30 rule 16 of the

Lagos State High Court (Civil Procedure) Rules 2004, they are asking

separately for an order of the court permitting each of the defendants

to further amend their statements of defence.

According to the motion on notice, they are asking

for “an order permitting the defendants to further amend their

statement of defence by pleading the judgement delivered by this

honourable court on Monday, the 26th day of October, 2009 in the

criminal case of the Federal Republic of Nigeria Vs Chief Olabode

George & 5 Others. (Charge No: ID/71C/2008).”

While the matter of the day on Monday was for the

adoption of final written addresses by the counsels, the addresses

could not be adopted by the court as the defendants also asked for an

order of the court extending the time within which the defendants can

file a reply to the claimant’s written address.

The defendants averred in their affidavit in support

of the motion on notice that the judgement of last Monday has confirmed

that Mr. George lacks the reputation he sought to protect in the suit.

They stated that the judgement is relevant to the case and is a

judicial justification of the publication being complained about.

Counsel to the defendants, Olufemi Falana, prayed the

court for an extension of time; an application which was granted by the

presiding judge, Justice Akeem Oshodi. The matter was adjourned to

November 16, 2009 for adoption of written addresses.

The history

Two committees were set up by former president

Oluesgun Obasanjo to investigate the alleged fraud at the Nigerian

Ports Authority (NPA) between 2001 and 2003 by Mr. George, along with

the five others, who were members of the board of directors.

Both committees, led by Mustapha Bukar from the

Office of the Head of Service of the Federation and the chairman of the

Economic and Financial Crimes Commission, Nuhu Ribadu, produced reports

indicting the Bode George-led board and management for large scale

fraud.

The report filed by the Bukar committee is believed

to have instigated TheNEWS Magazine’s story. Its publication of April

18, 2005 had given an account of how the board and management of NPA

had, between 2001 and 2003, split contracts and how the board allegedly

disbursed money to fraud-ridden contracts, costing the NPA billions of

naira.

Mr. George then took TheNEWS Magazine along with

other media houses to court for alleged character assassination over

their report of the alleged scam at the NPA.

Then, along with five others, he was last week convicted and

sentenced to two-years and six-months imprisonment for disobedience of

lawful orders and abuse of office by splitting contracts while they

were directors at the NPA.