SAHARA REPORTERS
A Federal High Court sitting in Abuja has rejected the motion filed by human rights activist Omoyele Sowore and an online news platform, SaharaReporters, seeking to quash the defamation and cyber-stalking suit filed by the FCT Commissioner of Police on behalf of Senator Ned Nwoko.
The presiding judge, Justice Emeka Nwite while ruling on the motion on notice filed by Barr. Tope Temokun on behalf of Sowore who is standing as the 1st defendant in the suit held that he was convinced that the activist was still a Director and Chief Executive Officer of SaharaReporters, an online news platform and SaharaReporters Media Group Incorporated, which were joined in the suit as 2nd and 3rd defendants respectively.
He said there was no evidence before the court that the defendant had resigned his appointment from the two organizations in 2018 as claimed by the defendant.
He, therefore, ruled that Sowore was in the best position to receive the service of summons of the 2nd and 3rd defendants.
The judge also refused to grant the prayer by the activist to dismiss the three counts bordering on defamation and cyber-stalking.
Recall that Temokun had challenged the service effected on his client in the dock on June 2, 2022 for the service of charge of SaharaReporters and SaharaReporters Media Group Limited as defective, adding that such could not be proper in law.
The lawyer further argued that since the defendant had submitted himself before the court, he could not be forced to take service of the 2nd and 3rd defendants.
Tope said the court had inherent powers to set aside the service on the ground that it was not valid.
He maintained that asking Sowore to be served in the dock with the processes and to take a plea on behalf of the 2nd and 3rd defendants was a clear violation of the provisions of Section 390 of the Administration of Criminal Justice Act (ACJA).
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