An Ogun State High Court, Abeokuta on Tuesday dismissed the application filed by the Senator representing the Ogun East Senatorial District, Buruji Kasamu seeking to stop another lawmaker, Honourable Oladipupo Adebutu who is representing the Ikenne/Sagamu/Remo North in the House of Representatives in Abuja, from referring to him (Kasamu) as lacking in character an unqualified to be a leader of of an enlightened race as the Yoruba people.
Kasamu had through his Counsel, Professor J. Sokefun approached the Ogun State High court in Abeokuta in a suit with number: AB/297/2016 seeking an Interlocutory Injunction to restrain Hon. Adebutu from further publication of statements which portray him (Kasamu) as lacking in character, including being referred to as a “fugitive”, describing same as defamation to his character and person.
Meanwhile, Honourable Adebutu, though his own Counsel, Chief E. Ayo Odugbesan, on the other hand in a supporting affidavit of claims, while denouncing certain misrepresentation of facts in the matter, owned up to others especially bordering on the character of Senator Kasamu.
While dismissing Kasamu’s application, Justice A. A. Akinyemi of the Ogun State High Court ruled that “in the interlocutory relief sought, the Claimant/Applicant (Buruji Kasamu) urges the Court to restrain the publication because it is false. The crux of the substantive claim before this Court is whether the publication is false or true. There is no way that I can decide this application and grant interlocutory relief being sort without resolving the question of whether the publication is true or false. In which case, I would stray into, and in fact decided, and taken stream out of the substantive suit”.
According to Justice Akinyemi, “the law is settled that the Court will not grant Interlocutory Injunction to restrain the publication of an alleged defamation, if the Defendant swears on oath that the publication is true and that they can justify it”
The judge therefore agreed with the Defense Counsel, Chief Ayo Odugbesan that the instance is not appropriate to grant the relief sought as the “balance of convenience” weighs against it and that it will prejudice the substantive suit.
The Court futher awarded a cost in the sum of twenty thousand naira (N20,000) against Kasamu in favour of Adebutu.
Honourable Oladipupo Adebutu had granted a press conference sometimes in August this year on the heels of the crises in the Peoples Democratic Party, condemning the roles being played by Senator Kasamu, and especially, the physical attacks on him (Adebutu) at his hotel on the sideline of the postponed Port Harcourt Convention of the PDP by Kasamu and some people believed to be thugs on August 17.
Adebutu had alleged that Kasamu lacked all moral character to act in any capacity as the leader of Yoruba people which Adebutu claimed Kasamu was purporting to be.
Meanwhile, apparently not satisfied with the Tuesday’s ruling, Senator Kasamu on Wednesday was said to have gone ahead, on the strength of the same claims of defamation, to instigate some men of the Nigerian Police to harass and arrest Hon. Adebutu at the National Assembly. This was reportedly resisted.
