From Femi Oyelola, Kaduna
The libel suit of defamation of character instituted against the Senator representing Kaduna Central in the Upper Chamber, Shehu Sani by Kaduna State Governor, Mallam Nasir El-Rufai suffered a setback as the second defendant was yet to be served.
The case which came up for mention before Justice Mario Mohammed of Kaduna State High Court 3 was adjourned for further mention.
Earlier, Counsel to Governor El-Rufai, Barrister AU Mustapha SAN, represented by Barrister Ossy Ehikioya, informed the court that they were yet to effect service on the second defendant which is an online publication where the alleged libelous statement made by the Senator Shehu Sani was published against the Governor.
Speaking to Journalists in an interview at the court premises, Counsel to Senator Sani, Olu Olanipekun, represented by Barr. Abbas said the Defendant filed a conditional memorandum of appearance with regards to the suit in question.
He added that the government through it counsel however told the court that; “Haven filed the conditional memorandum appearance in question, the plaintiff were yet to effect service on the second defendant which is
online publication where the alleged libelous statement suit was published.”
He further stated that in view of this development counsel to the plaintiff applied for a date to enable them apply to court through motion expertise to get the process served on the second defendant, so they asked for a day of adjournment.
Also speaking, counsel to Governor El-Rufai, Barr. Ehikioya said the matter was slated for mention but he informed the court that they were served in the court with memorandum of conditional appearance by the first defendant.
He explained that the second defendant; “International for investigative Reporting,” an online media office could not be located.
On the immunity clauses that a governor cannot be sue or sued, Abbas explained that “Supreme Court has clarified that immunity of President and Vice, Governor and deputy, etc does not apply with regards to court
litigation on civil matters.
It will be recalled that Governor El-Rufai had sued Senator Shehu Sani and the online media on alleged false statements and defamation of character of the plaintiff.