N500m Defamation Suit: Court Rejects NDLEA’s Bid to Strike Out Case

The National Drug Law Enforcement Agency (NDLEA) suffered a legal setback on Wednesday as a Cross River State High Court in Calabar declined its application seeking to strike out a N500 million defamation suit filed by a sales representative of Drugfield Pharmaceutical, Prince Fajulugbe Adeshola Temitayo.

Dependable NG reports that Justice Bassey T. Ebuta dismissed the preliminary objection raised by the NDLEA’s counsel, C. F. Iyoyo, who had argued that the suit was statute-barred and therefore incompetent under the Public Officers Protection (POP) Act.

The NDLEA counsel maintained that the cause of action arose on October 1, 2023, and that the three-month legal window for instituting an action against a public officer had already expired. Iyoyo further contended that the agency acted strictly within its statutory powers and without malice.

However, Justice Ebuta ruled against an outright dismissal of the objection, stating that the matter would be considered alongside the substantive case. The Judge said, “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.”

Counsel to the claimant, E. E. Osim, had strongly opposed the objection, arguing that the POP Act does not shield public officers who act outside their constitutional powers or in violation of the law.

The claimant, Prince Fajulugbe, who is demanding N500 million in damages, alleges that an NDLEA publication dated October 1, 2023, falsely branded him as a “drug peddler” by linking his name and photograph to a major drug bust under the headline: “Wanted Kingpin, Chadian, Grandpa Arrested Over London-Bound Shipment, 4 Tons of Drug.” He claims the publication caused “severe and irreparable damage” to his personal and professional standing.

The matter, suit number HC/305/2024, has been adjourned to November 4, 2025, for the commencement of hearing.