Kalu, Anenih begin talks to stop suit
From Emmanuel Onwubiko, Abuja
FURTHER moves towards consolidating the recently brokered truce between Governor Orji Kalu of Abia State and Chief Tony Anenih, acting chairman, Board of Trustees, People's Democratic Party (PDP) may soon lead to the withdrawal of their case from the Abuja High Court.
Chief Adetokunbo Kayode, a Senior Advocate of Nigeria (SAN) and the lead lawyer for Anenih confirmed the development to The Guardian shortly after the matter was adjourned by the court till next Monday following the absence of the Chief Judge of the Federal Capital Territory, Lawal Gumi.
"Yes, we are in the process of withdrawing the suit. As soon as all the loose ends are tied, we will withdraw it. I am waiting for a letter from my client," he said.
But Mr. Gerald Ogokeh from the chambers of Chief Gani Fawehinmi (SAN), who is the chief legal representative to Kalu at the trial, said he was not authorised to confirm or deny any truce parley between both principal parties in the matter.
Yesterday's adjournment was the third in less than a month due to the absence of the presiding judge.
Justice Gumi was billed to deliver a ruling on a preliminary objection filed by Kalu, who prayed the court to strike out his name because libel is primarily a personal action and there was no official libel.
Kalu had, through his lawyers, canvassed the position that the suit by Anenih was incompetent and offends Section 308 (1) of the 1999 Constitution, which gives immunity to the governor.
Section 308(1) states: "Notwithstanding anything to the contrary in this constitution but subject to Subsection (2) of this section, no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office."
Subsection 3 of Section 308 provides: "This section applies to a person holding the office of president, vice president, governor or deputy governor."
Cited as defendants in the suit are: Kalu, The Sun Publishing Limited; Mike Awoyinfa, Managing Director/Editor-in-Chief, Louis Odion; Editor, The Sun Publishing Limited; Femi Adeshina and Steve Nwosu, Editor.
All the defendants in the suit are represented by lawyers led by Chief Gani Fawehinmi (SAN).
Anenih had on March 3, 2004 proceeded to the Abuja High Court with a suit against Kalu and other defendants claiming N5 billion damages for an alleged libel.
Kalu had written an open letter to President Olusegun Obasanjo alleging that Anenih threatened to kill him because of his criticism of how the plaintiff managed official funds at his disposal while he was the Works and Housing Minister.
Anenih also prayed the court to restrain the defendants from making statements to the effect that he (Anenih) allegedly threatened to kill Governor Kalu.
The PDP Board of Trustees Acting Chairman also asked the court for an order for a formal retraction of the offending letter and other publications and apology in a form applicable to him to be published in all national dailies to be chosen by the court.
Anenih said the allegation that he threatened to kill the governor was malicious, false and calculated to damage his public image.
"The said words in their natural, fair and ordinary meaning meant and were intended and was understood to mean that the plaintiff is a murderer," Anenih said.
The erstwhile Works and Housing Minister denied that he collected N300 billion for the construction and rehabilitation of roads while in office as alleged by Kalu. He said that he only collected N123 billion, which he claimed was disbursed in line with laid down guidelines.
The plaintiff averred that he had suffered emotional upset, shock, psychological trauma and embarrassment as a result of the publication of the alleged defamatory statement.
But following the intervention of traditional rulers from the South-East geo-political zone and the monarch of Benin, Omo N'Oba N'Edo Uku Akpolokpolor Erediauwa II, Anenih and Kalu reached a peace accord.
During the truce meeting, Kalu reportedly apologised to Anenih and the latter pledged to withdraw his N5 billion libel suit from the Abuja High Court.
At the court yesterday, Anenih's lawyer said he had been informed about the settlement but that he was waiting for a formal letter from his client.
Meanwhile, the suit has been adjourned till next Monday.
