A High Court of the Federal Capital Territory (FCT) has been urged to dismiss or strike out a defamation suit filed by the Government of Nasarawa State and the governor, Abdullahi Sule, against the Vice Chancellor of the University of Mkar, Benue State, Professor Zacharys Anger Gundu.
The request is contained in a notice of preliminary objection filed against the suit by the defendant, through his team of lawyers, led by Sebastian Hon (SAN).
In the objection, Prof. Gundu queried the competence of the suit, marked: FCT/HC/CV/3554/2025, and urged the court to decline jurisdiction on the grounds that the suit is frivolous and constitutes an abuse of the process of the court.
In faulting the suit’s competence, Prof. Gundu noted, among others, that the claimants failed to comply with the mandatory condition precedent to the validity of the originating processes as provided for in Order 2 Rule 8 of the court’s Civil Procedure Rules, 2025.
He added that the suit is an abuse of process for joint pleadings and reliefs by the claimants, when the first claimant (the Government of Nasarawa State) has no right of action, cause of action, or reasonable cause of action against him (the defendant).
The defendant noted that, while the claimants pleaded the alleged defamatory words spoken by him, the name of the first claimant is not mentioned anywhere in the words pleaded in the statement of claim as being allegedly defamatory.
He added that the first claimant has no right of action in defamation since a government cannot sue for the common law remedy of damages and other reliefs for defamation.
Prof. Gundu, who also filed a statement of defence, raised the defences of justification and fair comment.
In support of his defence of justification, the defendant argued that the alleged defamatory words were made with reference to the actions of a public servant (the second claimant) in the performance of his public duties as the governor of Nasarawa State.
He added that the words complained of reflect the practical and empirical happenings in Nasarawa State under several Governors of the state.
In support of his defence of fair comment, the defendant said he made those comments complained of over a matter of public interest.
He added that the said comments were a fair assessment of the security and land tenure situation in Nasarawa State, where the second claimant is not only the governor, but is also the Chief Security Officer of the state and the Chief Trustee of all lands in the state.
The Government of Nasarawa State and Gov. Sule had sued Prof. Gundu over comments he made while participating in a programme organised by a television station, which the claimants alleged portrayed them as encouraging insecurity in the state.
They are praying for a series of reliefs, including an order compelling the defendant to publish retractions of the said comments; an order for N100.5billion in damages and cost of prosecuting the suit.
On Monday, Justice Hamza Muazu took arguments from lawyers to parties in relation to the defendant’s preliminary objection and adjourned ruling till a date to be communicated to them.
