AN Ilorin High Court yesterday granted a relief sought by Yusuf Ali (SAN) to serve former governor of Ekiti State, Segun Oni and Western Publishing Company Limited a writ of summons over allegations of malicious and false publication against his person.
Ali in the application brought ex parte by his lead counsel, Dr Wahab Egbewole, said the allegation against Oni was published in the Nigerian Compass Newspaper owned by the Western Publishing Company, on February 22, this year.
Oni is the first defendant while the second defendant is Western Publishing Company Limited. Egbewole led 22 other lawyers appearing for the claimant. The application supported by a nine-paragraph affidavit sworn to by one Bolakale Ajanaku was dated and filed on February 28, this year.
According to the judge, Sikiru Oyinloye, after carefully going through the motion, he declared it meritorious and thus granted the relief sought, and fixed April 14 this year for mentioning.
Under the statement of claim the claimant averred that "the first defendant willfully, wickedly, maliciously and falsely published untrue and defamatory words, particulars of which are supplied hereunder against the claimant while according same wide publicity by making same available for publication to the second defendant in its newspapers, Nigerian Compass of Tuesday, February 22, 2011, among other newspaper outfits in the country."
The page one headline of the said publication had read thus: 'Salami, Tinubu's men named in Appeal Court phone scandal: PDP, Oni submit call logs to NJC. Appeal Court President: I am not bothered.'
According to the claimant in his particulars, his name was specifically mentioned in the publication and that till date, he is the only SAN who bears the name Yusuf Ali.
He said the alleged scurrilous publication was a deliberate falsehood aimed at scandalizing him just because he was the lead counsel for Dr Kayode Fayemi whose election petition unseated the first defendant as Ekiti State governor.
Ali added that the phone number 08038976850 credited to him was never his own, adding that the defendant made no effort to confirm the correctness or otherwise of the allegation from him.
Ali is claiming N1billion as general damages, N3billion from the second defendant "on the footing of aggravated or exemplary damages.
Besides, he is seeking an injunction restraining the defendants and each of them, by themselves, their agents, servants and or privies or otherwise from the publication or further publication of the said words or any of them or of any similar words or of any words to like effect.
Source: Court To Hear Malicious Publication Case Against Oni April 14 (http://www.ngrguardiannews.com/index.php?option=com_content&view=article&id=40542:court-to-hear-malicious-publication-case-against-oni-april-14&catid=1:national&Itemid=559)