ALLEGED LIBELOUS PUBLICTION: HON. EDWARD PWAJOK (SAN), DRAGS MR. JAMES NYANGO TO COURT, DEMANDS N250 MILLION

By: Amb. Valentine Adese (JP),

Hon. Edward G. Pwajok (SAN) has dragged one Mr. James Nyango, a Civil Servant working with Jos University Teaching Hospital (JUTH) to Court over alleged defamation.

The case is coming up for hearing on the 19^th of September 2024, at the Plateau State High Court Jos.

According to the Court processes in Suit No: PLD/J322/2024, between, Hon. Edward Gyang Pwajok (SAN) who is the Claimant, and Mr. James Nyango, the Defendant, Mr. James, a Director in JUTH, and an alleged member of the Peoples’ Democratic Party (PDP), made the defamatory publication in a post on his Facebook page on the 16^th of January 2024.

In the Statement of Compliance with Pre-Action Protocol deposed to by, J. Y. Gwom (Esq), Counsel to Pwajok (SAN) in compliance with the directions of the Pre-Action Protocol, as set out in Order 5 Rule 1 (2) of the High Court of Plateau State (Civil Procedure) Rules 2020, all efforts to settle the matter out of court has failed as all attempts to reach out to the Defendant had proved abortive using both hard copies and the electronic platforms.

In part, and according to the Claimant’s Counsel in the filed deposition on Oath, Sworn to at the High Court’s Registry Jos, on 23^rd April 2024, the Counsel stated that, “That, after being briefed by the Claimant, I confirmed from him that he had made attempts to have this matter settled out of court with the Defendant by writing a letter of demand for retraction of the offensive publication dated 23^rd January 2024 which was received by the defendant on the 2^nd of February 2024.

“In addition to my client’s letter, I made an attempt to serve a hard copy of a Memorandum setting out our client’s claim, and options for settlement on the Defendant via FedEx/Red Star Express on the 9^th March 2024, to no avail. Subsequent attempts were also unsuccessful.

“An electronic copy of the Memorandum setting out our client’s claim and options for settlement dated 19^th March 2024, was sent via WhatsApp Messenger to the Defendant’s mobile number 08036836764 at 3.57 pm on the 26^th of March 2024.

“That the Defendant refused to respond to either the letter or the Memorandum referred to in paragraphs, 3, 4, and 5 above.

“That I make this oath in good faith believing its contents to be true and correct and in accordance with the Oath Act”.

Hon. Pwajok (SAN) is seeking the Court to declare that the publication written and posted by the Defendant on his Facebook page on the 16^th day of January 2024, while referring to the Claimant having also posted his picture are libelous, reckless, and defamatory to the person of the Claimant.

He is also seeking an order of perpetual Injunction restraining the Defendant his agents, privies, partners or anybody howsoever described from writing, publishing, or authoring further publications or write ups in the print or electronic media (notwithstanding the platform) which are libelous, derogatory and defamatory against the Claimant, and an order directing the Defendant to pay the sum of N250,000,000.00 (Two Hundred and Fifty Million Naira) only, as general damages to the Claimant for the libelous words contained in the Defendant’s write up posted on his Facebook page on the 16^th day of January 2024 which has defamed and damaged the reputation, dignity, and integrity of the Claimant in the eyes of the right-thinking members of the society, among others.