“My coming to court all this while is to solidarise with my professional colleague, whom we’re both in the same constituency. The ruling is expected. We should know that society belongs to every one of us, media practitioners are not here to destroy the society that is while we’re the fourth estate of the realm bridging the cap between the government and the governed
- … A Victory for Media – Adedamola
- Kwara Lawyers react, ‘Court verdict, pronouncement of truth’
- I sympathise with Gov on the lose – Barr. Olobi
After seven months of legal tussle, the defamation suit brought by Kwara State Governor’s aide Mr. Olayinka Fafoluyi against National Pilot Newspapers and its reporter Ahmed Ajikobi has been dismissed by the Magistrate court at Revenue Court in Ilorin.
On Monday ruling, Magistrate Shade Lawal granted the defendants’ application, ruling in their favour in the defamation case brought by Fafoluyi against the medium and reporter Ajikobi.
In a few minutes ruling, Magistrate Lawal acknowledged that cyberstalking falls under the jurisdiction of the Federal High Court, determining that the case brought to the Magistrate court was deemed frivolous.
The medium Managing Director/Editor-in-Chief, Alhaji Billy Adedamola, while speaking on the development of the court session, appreciated God, everyone particularly, the readers of the paper, who he said stood their ground to ensure victory is won.
He said, “I thank everyone and congratulate management and staff of National Pilot, our numerous readers and viewers of our National Pilot online TV. I want to commend the Magistrate for upholding the truth, Justice and Independent and integrity of the Judiciary over the matter.
“The victory is for all lovers of the press, those who are fighting for freedom, we’ll continue to do our job as dictated by the constitution and hold government accountable to the people not minding danger to our lives, we won’t stop rendering social responsibility services.
The former Chief Press Secretary to the Kwara State Government, Alhaji Moshood Adebimpe, advocated for strong relationship between the government and the media practitioners, stressing that not all case should be taking to Court before it’s resolved.
He urged the people managing the government media to see court as the last option in the settling of matters.
“My coming to court all this while is to solidarise with my professional colleague, whom we’re both in the same constituency. The ruling is expected. We should know that society belongs to every one of us, media practitioners are not here to destroy the society that is while we’re the fourth estate of the realm bridging the cap between the government and the governed.
“We speak for the less privileged, for the downtrodden, if there are issues, I believe it’s better we sit down to discuss rather than coming to Court. The suit is coming from someone who’s expected to be a professional colleague.
“Are you saying we should stop speaking for the people whom we represent? All the same, we thank the Judiciary for the courage, and I want to advise my colleagues that we shouldn’t be discouraged. We all read the story, though, if anyone still feels dissatisfied, he still has the right to complain.
“With the media aide or practitioner, let’s try to build a unified body, some of us have played the role of media aide in the past, we know how we built relationships”.
Lawyers React;
Lawyers have however reacted to the development describing it as a victory for the national Pilot Newspaper and the media fraternity in the State.
Barr. Owonishola –
Counsel representing the medium, expressed satisfaction over the ruling saying court, in its power, granted the preliminary objections earlier filed.
“We filed a preliminary objections raising three grounds that the case is civil in nature, we cited section 97 (7) of the criminal administrative law of Kwara State. We equally raised the issue of locus standi, that the court lack the legal right to try the matter and we also raised the issue of cybercrime.
Barr. Issa Manzuma – Victory to Democracy
The National Pilot’s Victor today, is not only to the newspaper, but to the democracy. It’s unfortunate, the attempt by the government from both state and federal levels to silence the media. “I congratulate the national Pilot and the judge for being bold in doing the right thing. The court verdict, it’s the pronouncement of truth” He said.
Barr. Olobi – sympathise with the Gov over the lose
“When I heard about the matter instituted by one Solace, the case was not adequately researched before it was filed before the court, the case of that nutre, particularly one leg of it that bothers on cybestalking, is not ordinarily, a case Magistrate can handle.
“Why instituting an action before a court you know it has no jurisdiction, the court has done the right thing, solace has the right to go back to the drawing board and the defendant in that case should equally act timely by instituting an action against the complainant in the case. I sympathise with the governor over the lose of the case occasioned by the ineptitude and careless of who filed the action at the Magistrate court.
Background
It would be recalled, at the resume hearing of the case on Monday, March 11,2024 counsel to the 1st and 2nd respondents, Mohammed Abdullahi while arguing on a notice of preliminary objection filed before the court, dated 15th Janauary 2024, prayed “the court to refuse hearing the direct criminal complaint for being civil in nature by its contents and filled without due process “.
Abdullahi also prayed the court to decline “jurisdiction to entertain the case for lack of jurisdiction.
Making further submissions, the respondents counsell told the court that the complainant had filled a counter affidavid few hours to the court sitting on Monday morning but prayed the court to discountenance it for being “so watery, devoid of any substance with the issue at hand “.
Citing paragraph 4.14 of the counter affidavid filled by the complainant, the respondents counsel told the court that the paragraph “was so injurious to the case of the complainant and supported more our application on ground” for which he urged the court to bring the case to an end.
Corroborating the counsel submission, O.M Owonishola, who also appeared for Mandate publication, cited paragraph 4.3 of the counter affidavid and said the submission of the complainant was “misleading”as the case was not brought under relevant provision of the law.
The presiding judge after listening to the submission of counsels in the matter adjourned the matter till April 15th for ruling on weather the court has jurisdiction to entertain the matter or not.
Why ruling not ready on 15th April:
The court, which was presided over by Chief Magistrate Lawal, apologised to the counsels on both sides. She said the ruling on the jurisdiction and other applications are not ready due other cases awaiting ruling.
The court with the parties involved in the case agreed to come back on 13th of May for ruling.
Counsel representing the reporter, Abdullah Muhammed, said he has no option other than to seek for further adjournment since the court has pronounced that ruling on applications earlier moved are not ready.
He acknowledged that the magistrate, at this time is busy considering the number of cases on his table that are equally begging for urgent and prompt attention.
On his part, Michael Owonishola, who represented the medium, corroborated his colleague, saying the matter was adjourned for the ruling of the preliminary objection.
He said the preliminary objections had about three grounds bothering on the fact that the complainant failed to file the process in compliance with due process of law.
Through the preliminary objection, he revealed that they raised issue of locus standi and jurisdiction, adding that the court doesn’t have legal right over cyber offences following the section 61 of the cyber crime.
The case started on 26th, November,2023 and ended May 13th 2024.
National Pilot was supported by Staff and Management, Media personalities in the state such as ,the former Chief Press Secretary to the kwara State Governor Alhaji Mas’ud Adebimpe, and the NUJ members led by the Council Secretary Tayo Iyanda.
