Justice Olabisi Akinlade of the Lagos State High Court, Osborne Division, has dismissed a ₦1 billion defamation case filed by Nollywood actress Iyabo Ojo against her industry colleague, Lizzy Anjorin, citing procedural deficiencies in the originating court documents.
The lawsuit, filed under suit number LD/ADR/5292/2023, sought ₦1 billion in damages for alleged defamatory statements made by Anjorin. However, the case was struck out after Anjorin’s lawyer, Ademola Olabiyi, filed a Notice of Preliminary Objection, challenging the validity of the processes filed by Ojo’s legal team.
Olabiyi argued that the suit was fundamentally flawed due to non-compliance with the High Court of Lagos State (Civil Procedure) Rules, 2019. According to him, “The Writ of Summons was fundamentally defective; the Statement of Compliance with Pre-action Protocol Form 01 was not signed by the claimant’s counsel, which nullifies the entire action.”
He further contended that a review of the court’s file confirmed the irregularity. “Even a search conducted in the court’s file on April 2, 2024, confirmed that the court’s copy of the Writ of Summons was unsigned and undated,” Olabiyi said.
In response, Ojo’s legal team, led by Dr. Olabimpe Ajegbomogun, filed a 14-paragraph counter-affidavit deposed by one Maryam Hassan. The affidavit insisted that the suit was properly instituted and that the required documentation had been duly signed.
Ajegbomogun, in her written address, stated: “There is nothing in the objection that affects the substance of this case or the jurisdiction of this Honourable Court.” She further argued, “The claimant’s processes were filed by the Civil Procedure Rules, and any errors can be corrected before trial begins.”
However, Anjorin’s counsel objected to the documents attached to the counter-affidavit, claiming they lacked authenticity. “It is curious how the claimant assessed the court’s file to obtain and now present a version of the Writ that appears signed without any record of an application for a Certified True Copy,” Olabiyi remarked.
After reviewing all submissions, Justice Akinlade agreed with Anjorin’s lawyer. “Having carefully examined all the processes, this court finds that the original Writ of Summons in the court’s file was not signed by the claimant’s counsel at the time the suit was filed,” she held.
She added, “The Commissioner for Oaths confirmed that the writ was unsigned when the file was first assigned to this court. That alone is fatal to the case. An unsigned writ is invalid and robs the court of jurisdiction.”
While ruling on the preliminary objection, the judge concluded, “Given the foregoing and the fact that the Writ of Summons which initiated this suit is invalid, this court lacks jurisdiction to entertain the matter.”
On the issue of legal costs, Justice Akinlade clarified that the claimant should not be penalized for her counsel’s error. “The court will not visit the sin of counsel on the claimant. Consequently, a cost of N500,000 is awarded in favour of the defendant, to be paid by the claimant’s counsel.”
She then declared, “In the final analysis, I hereby adjudge that this suit is incompetent and it is hereby dismissed.”
