For the second time, a law suit filed by former Governor of Borno, Ali Modu Sheriff over claims of libel against Borno State’s attorney General and Commissioner of Justice, Barister Kaka Shehu Lawan alongside two Newspapers, The Punch and Daily Trust has suffered defeat as an FCT High court sitting in Jabi, Abuja on Tuesday struck out application by Sheriff to refile his case to the same court that dismissed it in April, 2018.
Lawan had in 2016 attended a legal conference in Port Harcourt during which he made presentation with respect to genesis of the Boko Haram insurgency, alleging that as then Governor of Borno State, certain actions of Ali Modu Sheriff played a key role in giving birth to the crisis. Following media reports on Lawan’s presentation, Sheriff challenged the lawyer to publish evidence in support of his claims.
Lawan then made publications in two Newspapers, Daily Trust and Punch, listing “40 facts” with dated chronicles of the Boko Haram crisis which point to how alleged mishandling of events by Sheriff as Governor of Borno State between 2003 and 2011 gave birth to ongoing violence perpetuated by Boko Haram insurgents resulting in endless killings. Sheriff went to court seeking N10 billion as damages.
In April, an FCT high court number 19 in Jabi where a suit number FCT/HC/CV/2494/16 between Sen. Ali Modu Sheriff and Kaka Shehu . Lawan and Media Trust Ltd. and a suit number FCT/HC/CV/2495/16 between Sen. Ali Modu Sheriff and Kaka Shehu Lawan, Punch Newspapers & 3 others where filed by Sheriff since 2016, defence counsels to the attorney general, Femi Falana ,SAN leading A.A Alfa Esq and Samuel Ogala raised a preliminary objection on the competence of the two suits. The court dismissed the case and ordered Sheriff to pay a cost of N100,000,00.
In May, 2018, Sheriff engaged former Political adviser to President Goodwick Jonathan, A. A. Gulak who applied for reopening of the case.
At the hearing of the Application on Tuesday, presiding judge, justice S. D. Senchi, struck out the case on the ground of incompetence as canvassed by defense counsel through a motion No M/4967/18.
