A Federal Capital Territory FCT Chief Magistrate’s Court, Abuja, has dismissed a defamatory suit filed against popularly known Nollywood actress, Elizabeth Aishat Anjorin (a.k.a. Lizzy Anjorin), for being incompetent and lacking in merit.
Apart from dismissing the suit marked CR/25/20225, Magistrate Sunday A.A. Adukwu, also awarded a cost of N50,000, damages against the complainant, Abdullahi Adebimpe Mosadoluwa, the wife of a Lagos-based property developer called Ibile.
Magistrate dismissed the suit while delivering a ruling in a preliminary objection filed by Lizzy Anjorin, challenging the competence of the suit and the court’s jurisdiction to entertain the suit.
The Complainant, Abdullahi Adebimpe Mosadoluwa, had instituted the suit against Lizzy Anjorin and one Shakira Ayobami, through her lawyer, Yakubu Eleto.
Specifically, the complainant had accused Lizzy Anjorin and Shakira Ayobami of criminal defamation, acts and conduct likely to breach public peace, tranquillity, order and decorum, and the presentation of false, malicious and defamatory statements.
But the respondents, through their lawyer, A.U.E. Ogboi, countered the suit by filing a preliminary objection challenging the jurisdiction of the court to entertain the complaint.
Both Anjorin and Shakira predicted their objections on one ground, which was: “Whether given the circumstances of this case, this honourable court has powers to entertain the direct criminal complaint in CR/25/25”.
While the Complainant raised two issues, which were: “Whether the court lacks the jurisdiction to entertain the complaint?
“Whether the criminal summons is incompetent is that: “the complaint giving rise to the summons is incompetent; the affidavit of urgency is not an affidavit of fact; the application for leave to issue or serve outside jurisdiction or Lagos was made under civil procedure rules of the district court of FCT; that the Administration of Criminal Justice Act 2015 has no provision for counsel in the matter to serve the summons; the summons is an abuse of court process and others.”
However, the Magistrate, after citing a series of legal authorities, determined the issues raised by the parties in favour of Lizzy Anjorin.
Consequently, the magisterate thereafter dismissed the criminal complaints.
In dismissing the criminal complaints, Magistrate Adukwu held that: “consequently, the direct criminal complaint before the court is absolutely incompetent on several fours: firstly, by section 80 (4) of the ACJA, 2015 requires a complainant to file a single complaint at a time.
However, the Complainant herein filed her complaint against the defendants for the following offences: (1) criminal defamation (2) acts and conduct likely to breach public peace, tranquillity, order and decorum (3) presentation of false, malicious and defamatory statements.
This disqualifies the entire process as it has offended the trite position of the ACJA, 2015 aforesaid. Similarly, both the Complainant and the Defendants are all residents in Lagos and not the FCT. This erodes the jurisdiction of this court to hear and determine the complaint, laid down by the Complaint.
“On the whole, the entire argument of the complainant/respondent counsel cannot stand the weight of legal scrutiny but must, as a matter of law, fall under the abuse of court process and gross procedural irregularities. It is common knowledge in law that you cannot put something on nothing.
There are certain irregularities which the court may condone on grounds of doing substantial justice to the cause of the parties; but certainly not one with such a shaky foundation, irreconcilable loopholes, and a clear misunderstanding of the provisions of ACJA, such as is represented in the instant case.
“Consequently, the direct criminal complaint is hereby struck out for incompetence and irredeemable gross irregularities with a cost of N50,000.00.”
