Lagos Court Throws Out Iyabo Ojo’s ₦1 Billion Defamation Suit Against Lizzy Anjorin, Slams Lawyer with ₦500K Fine

A Lagos State High Court sitting in Osborne has struck out the ₦1 billion defamation case filed by Nollywood actress Iyabo Ojo against her colleague, Lizzy Anjorin, over serious procedural lapses. Justice Olabisi Akinlade also ordered Ojo’s lawyer, Dr. Olabimpe Ajegbomogun, to pay ₦500,000 in costs to Anjorin’s counsel, Ademola Olabiyi.

The suit, marked LD/ADR/5292/2023, was initiated by Ojo over claims of defamation, but Anjorin’s legal team filed a preliminary objection, arguing that the originating process was legally flawed.

“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,” Olabiyi submitted.

He also told the court that a file inspection on April 2, 2024, showed the copy of the writ in the court’s possession was neither signed nor dated.

Ojo’s legal team countered with a 14-paragraph affidavit, stating the proper procedures were followed. The affidavit, deposed to by one Maryam Hassan, argued that the writ had been properly signed and that the objection did not affect the merit of the case.

“There is nothing in the objection that affects the substance of this case or the jurisdiction of this Honourable Court,” Dr. Ajegbomogun said in her written address. “The claimant’s processes were filed by the Civil Procedure Rules, and any errors can be corrected before trial begins.”

However, Olabiyi maintained that the documents presented in the counter-affidavit were uncertified and questioned how a seemingly signed writ was obtained without due process. “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,” he stated.

Justice Akinlade, in her ruling, upheld the objection, stating: “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 emphasized that, “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.”

Although the court found the lawyer at fault, it chose not to penalize the claimant directly. “The court will not visit the sin of counsel on the claimant. Consequently, a cost of ₦500,000 is awarded in favour of the defendant, to be paid by the claimant’s counsel,” Justice Akinlade ruled.

In closing, the judge declared, “In the final analysis, I hereby adjudge that this suit is incompetent and it is hereby dismissed.”