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Anenih Vs. Kalu: Court Rules On Immunity Monday From Lillian Okenwa in Abuja An Abuja High Court will Monday next week deliver ruling on the request by Governor Orji Uzor Kalu of Abia State to strike out the N5 billion libel suit instituted against him by the Acting Chairman Board of Trustees of the Peoples Democratic Party (PDP), Chief Tony Anenih. Kalu argued that the immunity status conferred on him by the 1999 Constitujtion prohibits such an action against a serving governor of a state. The ruling, which was previously set for yesterday by the trial judge, Mr. Justice Lawal Gumi, however, could not be delivered as the Court Registrar said it was not ready. The carnel of Kalu's argument, which was made on his behalf by his counsel, Chief Gani Fawehinmi (SAN) when the matter came up for hearing on May 19, 2004 was that the governor could not be sued in his official capacity because he is protected under section 308 of the constitution. He stressed that if Anenih had sued Kalu in his personal capacity, the legal action may be allowed, but that under section 308, no civil or criminal proceeding could be brought against a governor while in office. He urged the court to strike out Kalu's name from the list of defendants in the case. However, Prince Adetokunbo Kayode (SAN), Anenih's lawyer opposed Fawehinmi's position asserting that the court should consider the facts of the case, which had not been controverted. Kayode said there was nothing like official libel, adding that Kalu had written a letter, which constituted the libel, as governor of Abia state with the official letterhead paper of his office. He maintained that Kalu's section 308 immunity argument was totally irrelevant in the libel suit. He therefore urged the court to uphold Anenih's argument and dismiss Kalu's objection. In the suit, Anenih is asking for a formal retraction of the letter allegedly written by Kalu to President Olusegun Obasanjo, where he (Kalu) alleged that the PDP Acting Board of Trustees chairman wanted to kill him. Who Are We ? | About THISDAYOnLine.com | THISDAY People | Contact Us © Copyright 2000 Leaders & Company Limited

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