ALLEGED LIBELOUS PUBLICATIONS: HON. PWAJOK (SAN) vs HON. JAMES NYANGO: DEFENDANT IS YET TO FILE DEFENCE. COURT TOLD

By: Amb. Valentine Adese (JP),

At the hearing of Suit No: PLD/J322/2024, filed by Hon. Edward Pwajok (SAN), against Hon. James Nyango at the Plateau State  High Court, over alleged Libelous Publication against his person, the Court was told that the Defendant has not filed his defence.

The Counsel to the Claimant (E. G. Pwajok SAN) J. Y. Gwom (Esq), also told the Court that the Defendant did not also file his Questions and Answers for the Pre-hearing Session.

Although the matter was slated for Case Management Conference (CMC) yesterday, the 19^th of September 2024, the Counsel to the Claimant urged the Court to enter Judgment in favour of the Claimant, as all indications shows that the Defendant is not ready and willing to defend based on the defaults.

The Counsel to the Claimant (Pwajok SAN), told the Court that, Hon. James’ silence, and not filing his defence, indicates completely, that he has accepted the Pleadings and Claims of the Claimant.

However, in defence, Counsel to the Defendant, E. L. Madaki (Esq) who pleaded to the Court concerning the defaults, told the Court that he filed his Memorandum of Appearance on the 3^rd of July, 2024 and same was filed and served on the Claimant. 

Adding that the Defendant is yet to file his defence because:

i.                    The Peoples’ Democratic Party (PDP) is yet to provide the Defendant with the documents they need.

ii.                  That some of the Berom Scholars are making efforts to settle the matter out of Court.  

iii.                And that the Claimants and the Defendants are both Beroms.

Although the presiding Judge, Hon. Justice B. Ngyou, said he was not convinced by the reasons, he also asked the Defence Counsel, whether he has succeeded in convincing himself.

He said, “Counsel, have you succeeded in convincing yourself, because the Court is not convinced by all of these reasons”.

However, the Judge declined entering Judgment because the Claimant is yet to adduce evidence. He said, “Pleadings cannot take the place of Evidence.”

The Court has adjourned the matter to the 24^th of October 2024 for Hearing.

TO BE CONTINUED…