Enugu PDP governorship candidate sues APC chairman for alleged defamation

The governorship candidate of the Peoples Democratic Party (PDP) in Enugu, Peter Mbah, has sued the chairman of the All Progressives Congress (APC) in the state, Ugochukwu Agballah, over alleged defamation.

Mr Mbah, a lawyer, filed the libel suit at a State High Court in Enugu on 18 January, according to information in a court document obtained by PREMIUM TIMES.

Independent Newspapers Limited, the publisher of Independent newspapers, was joined in the suit as the second defendant.

In the suit marked E/25/2023, the PDP candidate accused Mr Agballah and Independent newspapers of making “false and malicious publication” against him in the 30 May 2022 online edition of the newspaper.

Mr Agballah was said to have accused the PDP candidate of joining the governorship race to use the public funds of the state to pay up an alleged debt of N40 billion if he wins the 11 March election.

He was also quoted in the news report, seen by PREMIUM TIMES, as saying that Mr Mbah was a political protégé of a former governor of Enugu State, Chimaroke Nnamani and that Mr Mbah’s candidacy was an indirect way of returning the former governor to power.

Mr Nnamani, now a senator representing Enugu East District, served as the governor of the state between 1999 and 2007.

Mr Mbah served as the chief of staff to Mr Nnamani. He was later appointed as the state commissioner for finance under the former governor.

Defamation

“The statement and publication were calculated to lower the Claimant (Mbah) in the estimation of right-thinking members of the society, isolate the Claimant from the society, expose the Claimant to hatred, odium, contempt and ridicule, cause other persons to shun or avoid the Claimant and discredit the Claimant in the matter of his business and political engagement,” Onyechi Ikpeazu and eight others, lawyers to Mr Mbah, said in a writ of summon.

Mr Mbah said he was embarrassed by countless calls and messages from concerned family members and political associates when the publication became public just as others who believed it condemned him on social media.

He added that although he had, on 22 July, written to both Mr Agballah and the newspaper, through his lawyers, demanding a retraction of the publication and an apology as well as compensation for damaging his reputation, he was ignored by them.

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“The defendants have not brought the publication down and accordingly, will continue to defame and maliciously damage the Claimant’s reputation unless restrained by the court,” Mr Mbah’s lawyers stated.

The writ

“You are hereby commanded that within 42 days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in the case of Mr Peter Mbah and take notice that in default of your so doing, the Claimant may proceed therein and judgment may be given in your absence,” said the writ, addressed to Mr Agballah and the Independent Newspapers Limited.

Prayers

Mr Mbah is asking the court to declare that Mr Agballah and Independent Newspapers Limited, by the publication, have falsely and maliciously accused him of being a member of a criminal gang and engaging in criminal activities.

The PDP candidate wants the court to compel the defendants to pay him the sum of N1 billion as general damages for the alleged libellous publication against him and N10 million as the cost of the suit.

He is also asking the court to issue an order mandating the defendants to publish an apology in at least three national dailies and a retraction of the alleged defamatory publication.

Mr Agballah, the APC chairman, did not respond to calls and a text message seeking comments from him.