Get Guardian on GoogleA Cross River State High Court sitting in Calabar has rejected 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, Prince Fajulugbe Adeshola Temitayo.
Delivering his ruling on Wednesday, the presiding judge, Justice Bassey Ebuta, held that the preliminary objection raised by the NDLEA would be decided alongside the substantive case during the full hearing.
“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 ruled.
Counsel to the NDLEA, C. F. Iyoyo, had urged the court to dismiss the suit on the grounds that it was statute-barred, arguing that the alleged defamatory publication occurred on October 1, 2023—beyond the three-month limitation period prescribed under the Public Officers Protection (POP) Act for actions against public officers.
Iyoyo further contended that the agency acted within its statutory powers and that the publication could not be considered malicious or fraudulent.
However, counsel to the claimant, E. E. Osim of Advocates Chambers, Calabar, opposed the objection, insisting that the POP Act does not protect public officers who act beyond their lawful authority or in violation of the Constitution.
“The POP Act cannot shield public officers who abuse their powers or infringe upon citizens’ rights. Such actions fall outside the scope of official duties,” Osim argued, urging the court to dismiss the objection in its entirety.
Following the ruling, Justice Ebuta adjourned the matter to November 4, 2025, for the commencement of hearing.
In the substantive suit, marked HC/305/2024, the claimant is seeking N500 million in general and exemplary damages against the NDLEA for allegedly defaming him through a publication that described him as a “drug peddler.”
Fajulugbe, who holds three master’s degrees, alleged that the NDLEA’s October 1, 2023 publication falsely linked his name and photograph to drug trafficking under the headline: “Wanted Kingpin, Chadian, Grandpa Arrested Over London-Bound Shipment, 4 Tons of Drug.”
He claimed the publication, circulated across multiple media platforms, severely damaged his reputation, professional credibility, and personal dignity.
