" So, that shows you the level of trust. He is alive. I want you to ask him first before I reply."
Shinkafi, in a statement of claim and evidence said that in December 1983 when Shagari was overthrown, he was no longer the head of the NSO.
Dikko, in his statement of defence, said the words he spoke were a fair comment.
After Shinkafi had closed his case, the court presided over by Justice Funlayo Atilade, at its sitting on February 24, 2004 adjourned the matter to March 31, 2004 for Dikko to open his defence.
When the case came up on March 31, however, Dikko, through his counsel, Mr. Pius Nnobi, brought a notice of preliminary objection challenging the jurisdiction of the court and competence of Shinkafi's action.
He contended that the statement credited to him as a response to the build-up interview could not reasonably constitute a cause of action.
Dikko, who is the first defendant in the suit also said that he (Dikko) neither invited the third defendant (the Editor of the New Nigerian Weekly newspaper, Mr. Mahmud Jega) to interview him nor authorised the said publication by the second defendant (New Nigerian Newspapers Ltd.) and the third defendant.
He stated that the case was not properly brought as to the parties and urged that his name be struck out.
Ruling on the objection on July 7, 2004, Justice Atilade held that Shinkafi had a cause of action against Dikko.
She ruled that the notice of preliminary objection brought by Dikko on the ground that Shinkafi's suit disclosed no reasonable cause of action must be accompanied by an affidavit.
Atilade held that such an objection was tantamount to making a no-case submission in a civil proceedings.
But Dikko, in a notice of appeal filed at the Court of Appeal, Lagos, is asking the appellate court to set aside Atilade's ruling and strike out his name from the suit.
Among other things, Dikko is contending that the High Court erred in its ruling because Shinkafi, in his statement of claim, never pleaded that he (Dikko) published the alleged defamatory words.
