A Cross River State High Court sitting in Calabar has dismissed an application by the National Drug Law Enforcement Agency (NDLEA) seeking to strike out a N500 million defamation suit filed against it by a sales representative of Drugfield Pharmaceutical Limited, Prince Fajulugbe Adeshola Temitayo.
The NDLEA, through its counsel, C. F. Iyoyo, had filed a preliminary objection, arguing that the matter was statute-barred under the Public Officers Protection (POP) Act and should not be entertained by the court.
Ruling on the objection on Wednesday, Justice Bassey T. Ebuta held that the issue of jurisdiction would be determined alongside the substantive suit during the hearing on its merits.
‘The decision will be taken at the conclusion of the hearing of the case. If the objection succeeds, it will dispose of the matter. The case shall therefore proceed to hearing,’ Justice Ebuta stated.
In his objection, Iyoyo contended that the alleged defamation occurred on October 1, 2023, and that the three-month statutory window for instituting a suit against a public officer had long expired, rendering the case incompetent. He further argued that the NDLEA acted within the scope of its lawful duties and without malice or fraud.
However, counsel to the claimant, E. E. Osim, urged the court to dismiss the objection, arguing that the POP Act cannot shield public officers who act in bad faith, breach the Constitution, or exceed their lawful authority.
Osim maintained that the NDLEA’s actions violated his client’s constitutional rights and amounted to defamation, insisting that the case should be heard on its merits.
Following the ruling, Justice Ebuta adjourned the matter to November 4, 2025, for the commencement of the hearing.
Prince Fajulugbe, through his counsel, had filed the suit (No. HC/305/2024) alleging that an NDLEA publication on October 1, 2023, falsely branded him as a ‘drug peddler.’
According to him, the agency’s statement, titled ‘Wanted Kingpin, Chadian, Grandpa Arrested Over London-Bound Shipment, 4 Tons of Drug,’ included his name and photograph, linking him to drug trafficking activities.
He claimed that the publication, which was widely circulated in both print and online media, severely tarnished his image, disrupted his career, and subjected him to public ridicule.
The claimant, who holds three master’s degrees, is seeking N500 million in damages for alleged defamation of character.