A Benue State High Court sitting in Makurdi has ordered that court processes in the N1 billion defamation suit filed by the member representing Kwande/Ushongo Federal Constituency, Terseer Ugbor be served on the governor of Benue State, Hyacinth Alia, by substituted means.
Also affected by the order is the Chief Press Secretary to the Governor, Tersoo Kula and the Principal Special Assistant to the Governor on Electronic Media, Isaac Uzaan.
The presiding judge, Justice I.N Igoh gave the order while ruling on an ex parte motion filed by Ugbor through his counsel Emmanuel Agbakor.
Agbakor informed the court that all efforts to effect personal service on the defendants proved abortive, hence the need for the motion for substituted service.
Agbakor also informed the court of a pending motion on notice for amendment of the suit but said it was not ripe for hearing due to the inability of the bailiff of the Court to effect personal service.
In his ruling, Justice Igoh ordered that the Writ of summons, motion on notice and all other accompanying processes in the suit be served on the defendants by pasting them on the noticeboard of the court and by publishing it in Blueprint newspaper or Vanguard newspaper or any national daily circulating in Benue State.
In suit marked MHC/422/24, Ugbor avers that as a responsible representative who has the plight of his constituents at heart, he had written two letters dated October 9th, 2023 and 16th October, 2023, to the Director General of the National Emergency Management Agency, NEMA, requesting for palliatives to support the displaced victims of herdsmen attacks in Moon, Yaav, Kumakwagh and Mbadura Council Wards of Kwande Local Government Area of Benue State.
The Kwande/Ushongo representative claimed that the humanitarian situation kept increasing with no positive response from NEMA, he decided to write another letter on May 8th, 2024, to the said agency requesting for urgent intervention in support of victims in Moon,Menev, Liev 1,Liev 2,Yaav, Kumakwagh, Yaav and Mbadura council wards of Kwande Local Government, NEMA finally approved and released relief materials for his constituents as requested and he wrote a letter on the same date acknowledging receipt.
All letters have been pleaded in the suit filed for Ugbor by his counsel Dr Emmanuel Agbakor, according to court records.
Hon. Ugbor stated that on September 11th, 2024, while he was in the United States of America attending to matters of national interest, he arranged and conveyed the relief materials from the warehouse of NEMA in Jos to Makurdi for storage at a public commercial warehouse for safety to enable him return and convey the items to his constituency for distribution to the internally displaced people.
Ugbor avers that the palliatives were kept at Culture warehouse located at 6E Wantor Kwange Street, Makurdi, Benue State, a public warehouse that was hired for the storage of palliatives pending the return of Hon. Ugbor from his official trip for onward distribution to the internally displaced people in his constituency,attaching receipts for payment of the warehouse.
He alleged that to his surprise, Governor Alia impounded the vehicle conveying the items and when he(Ugbor) raised complaints, Mr Isaac Uzaan took to his Facebook timeline and authored a publication entitled “RE:ALIA VOWS TO MAKE LIFE UNBEARABLE FOR IDPS IN KWANDE”;; wherein the said Uzaan published defamatory words against him.
Ugbor also alleged that Mr Kula on September 18th also took to his Facebook page published a press statement for himself and onbehalf of Governor Alia entitled “Gov. ALIA HANDS OVER TRUCK OF DIVERTED RELIEF MATERIALS TO EFCC/ICPC”;; wherein the Governor and Mr Kula defamed his character and reputation.
The House of Representatives member further alleged that Governor Alia also on the 18th Day of September, 2024, in a video shared on Fr. Alia TV Network which went viral on social media especially Facebook made several defamatory statements that he(Ugbor) diverted palliatives meant for Internally Displaced Persons(IDPs) in Kwande/Ushongo Federal Constituency and referred to him(Ugbor) as a “dishonourable member”;;.
In the suit, the member representing Kwande/Ushongo Federal Constituency is seeking an order of court directing Governor Alia, Tersoo Kulas and Isaac Uzaan to pull down all the defamatory posts/publications against him posted on their Facebook pages.
Hon. Ugbor is seeking an order of court directing Governor Alia, Kula and Uzaan to retract all the defamatory publications against him and tender a public apology to him to be published in not less than five national dailies as well as on Facebook and social media platforms.
Hon. Ugbor is further seeking an order of court directing Governor Alia, Tersoo Kulas and Isaac Uzaan to jointly or severally pay him the sum of N1 billion as damages for defamation of his character and reputation, amongst other reliefs.
