Anambra money bag, Prince Arthur Eze has
filed a 1billion Naira Law Suit Against Love Fm Abuja, the Nigeria
Briadcasting Corporation, NBC, And Others. The plaintiffs’ is asking the
court for 'A DECLARATION that the remarks and statement made on
November 21 and November 22, 2012 by the 3rd Defendant and aired through
the
medium of the 1st and 2nd Defendants
where in the plaintiff was amongst others characterized as a debtor and
a thug are Defamatory, Slanderous and/or libelous of the plaintiff.'
(ii)AN ORDER OF PERPETUAL to
injunction restraining the 1st-3rd Defendants from any further
slanderous or libelous remarks and/or broadcast in the person of the
plaintiff
iii)The sum of N1,000,000,000.00 (ONE
BILLION NAIRA) against the 1st -3rd Defendants being general, aggravated
and exemplary damages for the defamatory statement concerning the
plaintiff made by the 3rd defendant in a live radio interview with the
1st Defendant on November 21 and November 22 2012.
(iv) AN ORDER directing the 4th
Defendant to invoke Sections 2(1)N and 21 of the National Broadcasting
Act of 1992 (as amended) against the 1st Defendant for failure to adhere
to broadcasting code.
According to documents made available to
elombah.com, Chief Arthur Eze [pictured] is claiming that "On or about
November 21 and 22 2012 the 1st Defendant through one of its popular
programmes BEREKETE FAMILY PROGRAMME allowed and permitted the 3rd
Defendant t0 recklessly slander and libel the person and character of
him, the plaintiff.
"The 3rd Defendant through the
electronic medium of the 1st and 2nd Defendants labeled the plaintiff as
indebted to her to the tune of N 10million and did beat her up through
thugs alleged to be plaintiff’s aides.
"That the broadcast jointly by
1st-3rd Defendant clearly injured the business reputation of the
plaintiff as the transmission was aired on November 21 and November 22
to millions of Abuja residents. 7. That the plaintiff has been receiving
calls from friends and local and international business partners
seeking clarification over what they heard through the radio broadcast
supervised and owned by the 1st and 2nd Defendants respectively.
"That various associations including
THE CONCERNED IGBO CITIZENS, Abuja Chapter also called the Plaintiff
seeking to know if it was true that he is a debtor and a thug as imputed
by the 3rd Defendant in the BEREKETE FAMILY PROGRAMME produced
and directed by the 1st Defendant.
"That the remarks and accusation
made in the said programme by the 3rd Defendant are totally false as the
plaintiff does not owe the 3rd Defendant N 10 million or any sum
whatsoever as alleged.
Statement of claim
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE FEDERAL CAPITAL TERRITORY JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT N0. …………………..
BETWEEN
PRINCE (ENGR.) ARTHUR EZE PLAINTIFF
AND
1. LOVE FM
2. MULTIMESH COMMUNICATIONS LTD
3. MISS CHINYERE OBI –OHALEKE - DEFENDANTS
4. NIGERIAN BROADCASTING CORPORATION
Statement of claim
1. The plaintiff is an Engineer, a reputable International business man
and a National merit award recipient who was decorated with
ORDER OF FEDERAL REPUBLIC(OFR)By president Goodluck
Jonathan on September 17 2012.
2. The 1st Defendant is a Radio Station in Abuja operating with
frequency Number 104.5 FM and a subsidiary of the 2nd Defendant
3. The 3rd Defendant is a businesswoman operating between Enugu
and Abuja.
4. On or about November 21 and 22 2012 the 1st Defendant through
one of its popular programmes BEREKETE FAMILY
PROGRAMME allowed and permitted the 3rd Defendant t0
recklessly slander and libel the person and character of the
plaintiff.
5. The 3rd Defendant through the electronic medium of the 1st and 2nd
Defendants labeled the plaintiff as indebted to her to the tune of N
10million and did beat her up through thugs alleged to be
plaintiff’s aides.
6. That the broadcast jointly by 1st-3rd Defendant clearly injured the
business reputation of the plaintiff as the transmission was aired
on November 21 and November 22 to millions of Abuja residents.
7. That the plaintiff has been receiving calls from friends and local
and international business partners seeking clarification over what
they heard through the radio broadcast supervised and owned by
the 1st and 2nd Defendants respectively.
8. That various associations including THE CONCERNED IGBO
CITIZENS, Abuja Chapter also called the Plaintiff seeking to know
if it was true that he is a debtor and a thug as imputed by the 3rd
Defendant in the BEREKETE FAMILY PROGRAMME produced and
directed by the 1st Defendant.
9. That the remarks and accusation made in the said programme by
the 3rd Defendant are totally false as the plaintiff does not owe the
3rd Defendant N 10 million or any sum whatsoever as alleged.
10. That the plaintiff only helped the 3rd defendant as is his usual practice of
helping the poor and needy, financially and nothing more.
11. That there is a recent subsisting Court order by the a Chief Magistrate in
Enugu on 2nd February 2012 restraining the 3rd Defendant from amongst
others making any further slanderous or libelous remarks on the plaintiff.
Copy of the said court order is hereby pleaded and shall be relied upon
doing trial.
12. That upon visit to the premises of the 1st Defendant as published on the
website of the 4th Defendant as Tamale Street Wuse Zone 3, Abuja, it
was discovered that the 1st Defendant’s operation premises has no sign
board and operates in a flat that looks like a guest house.
13. That it is obvious the 4th Defendant does not perform well its regulatory
and/or supervisory duties over the transmission station of the 1st
Defendant and by extension the 2nd Defendant, as they are being used
to injure the character of responsible Men in the society, including the
plaintiff.
14. That the plaintiff’s had earned reputation has by the joint actions of the
1st-3rd Defendants been tarnished and injured.
15. That the motive of the 1st-3rd Defendant is to slander the Plaintiff and a
calculated attempt at disparaging his personality and bringing him to
public ridicule and odium.
16. That on November 23 2012, the plaintiff’s solicitors ST. FRANCIS XAVIER
SOLICITORS & ADVOCATES wrote the 1st Defendant to retract the said
statement made via its programme on air. Copy of the said letter is
hereby pleaded and shall be relied upon during trial.
17. That instead of retracting same the 1st Defendant through one of its staff
Ahmed Isa called the solicitors on phone showing no remorse and
refusing to retract the said defamatory remark made in conjunction with
the 3rd Defendant.
18. WHEREOF the plaintiff now seeks the following reliefs:
(i) A DECLARATION that the remarks and statement made on
November 21 and November 22,2012 by the 3rd Defendant
and aired through the medium of the 1st and 2nd Defendants
where in the plaintiff was amongst others characterized as a
debtor and a thug are Defamatory, Slanderous and/or libelous
of the plaintiff.
(ii) AN ORDER OF PERPETUAL to injunction restraining the 1st-3rd
Defendants from any further slanderous or libelous remarks
and/or broadcast in the person of the plaintiff.
(iii) The sum of N1,000,000,000.00 (ONE BILLION NAIRA) against the
1st -3rd Defendants being general, aggravated and exemplary
damages for the defamatory statement concerning the
plaintiff made by the 3rd defendant in a live radio interview
with the 1st Defendant on November 21 and November 22
2012.
(iv) AN ORDER directing the 4th Defendant to invoke Sections 2(1)N
and 21 of the National Broadcasting Act of 1992 (as amended)
against the 1st Defendant for failure to adhere to broadcasting
code.
Dated this _____________ day of November 2012.
OSUAGWU UGOCHUKWU esq
Plaintiff’s Solicitor
ST.FRANCIS XAVIER SOLICITORS AND ADVOCATES
38 MAMBOLO STREET WUSE ZONE 2, ABUJA
Tel: 08036108221
FOR SERVICE ON
1. 1st Defendant
26 Tamale Street, by Mathematical Centre
Wuse Zone 3, Abuja
2. 2nd Defendant
Plot 340 Aminu Kano Crescent
Wuse II, ABUJA
3.3rd Defendant
Address within Abuja unknown (By Substituted Service)
4. Nigerian Broadcasting Corporation
Plot 20 Ibrahim Taiwo Street, Aso Villa, Abuja
WRIT OF SUMMONS
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE FEDERAL CAPITAL TERRITORY JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT N0. …………………..
BETWEEN
PRINCE (ENGR.) ARTHUR EZE PLAINTIFF
AND
1.LOVE FM
2.MULTIMESH COMMUNICATIONS LTD
3.MISS CHINYERE OBI –OHALEKE-DEFENDANTS
4.NIGERIAN BROADCASTING CORPORATION
To the Defendants of: 26 Tamale street,wuse zone 3,Abuja;plot 340
Aminu kano crescent,Wuse II,Akpabio Street,GRA,Enugu and Plot 20
ibrahim Taiwo Street,Aso villa, Abuja.
You are here by commanded that within 8 (EIGHT) days after service of this writ on you, Inclusive of the day of such service, you do cause an appearance to be entered for you in an action at the Abuja Judicial Division of the High Court of the FCT, Abuja in an action at the suit of PRINCE (ENGR.) ARTHUR EZE And take notice that in default of your so doing the plaintiff may proceed therein, and judgment may be given your absence.
Dated this ……………… day of ……………… 2012
By order of the Court.
Registrar
N.B- This writ is to be served within twelve calendar months from the date thereof, or if renewed within six calendar months from the last renewal, including the day of such date, and not afterwards.
The defendant may enter appearance personally or by solicitor either by handling in the appropriate forms, duly completer, at the Registry of the High court of the Judicial Division in which the action is brought or by sending them to the registry by registered post.
If the defendant enters an appearance he must also deliver a defence to the solicitor for the plaintiff within THRITY days from the last day of the time limited for appearance, unless such time is extended by the court.
ENDORSEMENTS.
The plaintiffs’ claim against the Defendant is as follows:
(i)A DECLARATION that the remarks and statement made on November 21 and November 22,2012 by the 3rd Defendant and aired through the medium of the 1st and 2nd Defendants where in the plaintiff was amongst others characterized as a debtor and a thug are Defamatory, Slanderous and/or libelous of the plaintiff.
(ii)AN ORDER OF PERPETUAL to injunction restraining the 1st-3rd Defendants from any further slanderous or libelous remarks and/or broadcast in the person of the plaintiff.
(iii)The sum of N1,000,000,000.00 (ONE BILLION NAIRA) against the 1st -3rd Defendants being general, aggravated and exemplary damages for the defamatory statement concerning the plaintiff made by the 3rd defendant in a live radio interview with the 1st Defendant on November 21 and November 22 2012.
(iv) AN ORDER directing the 4th Defendant to invoke Sections 2(1)N and 21 of the National Broadcasting Act of 1992 (as amended) against the 1st Defendant for failure to adhere to broadcasting code.
This writ was issued by OSUAGWU Ugochukwu Esq of ST.FRANCIS XAVIER SOLICITORS AND ADVOCATE whose address for service is 38 MAMBOLO STREET WUSE ZONE 2,ABUJA………………………………………….. Agent for PLAINTIFF …………………… of ………………………………………………. Legal practitioner for the said Plaintiff who resides at ……………………………………………..………………………………………………………………
(mention the city, town or district and also the name of the street and number of the house of the plaintiff’s residence, if any)
This writ was served by me at ……………………………………………………………………
On the defendant (describe mode of service) ……………………………………………… on
the …………………………………… Day of …………………………… 20………………………..
Endorsed the ……………………… day of …………………………….. 20………………………
Signed…………………………. Address ………………………..
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE FEDERAL CAPITAL TERRITORY ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA
Suit No:………………………….
BETWEEN
PRINCE (ENGR.) ARTHUR EZE PLAINTIFF
AND
1.LOVE FM
2.MULTIMESH COMMUNICATIONS LTD
3.MISS CHINYERE OBI –OHALEKE-DEFENDANTS
4.NIGERIAN BROADCASTING CORPORATION
PRE-ACTION COUNSELING CERTIFICATE
I, Osuagwu Ugochukwu, Esq. of ST.FRANCIS XAVIER SOLICITORS AND ADVOCATES Counsel for the plaintiff do here state that I have counseled the Plaintiff on the relative strength and weakness of their case before the issuance of the Writ thereof and undertakes to pay the necessary cost as provided under the rules of this Honourable Court should the suit turn out to be frivolous.
Dated this…………………..of…………………….2012
________________________ __________________________
OSUAGWU Ugochukwu, Esq PRINCE ARTHUR EZE
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